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Rem Rev

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  • Course Information
  • Learning Plan and Topics
  • Rules and Jurisdiction
  • Module Discussions
  • Final Examination
  • Policies and Signatories

SAN BEDA COLLEGE UNIVERSITY

COLLEGE OF LAW
COURSE SYLLABUS

COURSE CODE: REM REV


COURSE TITLE: REMEDIAL LAW REVIEW
COURSE CREDIT: 7 UNITS
COURSE PREREQUISITE/S:
FACULTY:
EMAIL ADDRESS:
TERM/ACADEMIC YEAR: SECOND SEMESTER SCHOOL YEAR 2022-2023
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE: FULL ONLINE
CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

A detailed evaluation of the law on the Rules of Court, as amended, including


pertinent special laws, administrative circulars, and Supreme Court decisions.

COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)

Know and understand the laws, memorize provisions critical and analytical
thinking, effective in written and oral communication, logical reasoning, and sound
judgment, exercise of proper professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (LOs):

1. Knowledge/Remembering: define, list, recognize


2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

Expected College of
Law Graduate LEARNING OUTCOMES (LOs)
Attributes (ELGAs)
Critical and analytical LO1. Exhibit a clear and in-depth understanding of remedial law, and
thinking civil and criminal procedure in particular, in preparation for the bar
Effective in written and examination and practice of legal profession
oral communication LO2. Analyze the practical and policy implications of current and
Logical reasoning proposed statutes, regulations, judicial rulings, legal arguments, and
Sound judgment strategies in preparing for a legal case
Exercise of proper LO3. Assess client concerns and translating them into responsive legal
professional and ethical arguments and strategies.
responsibilities

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

1
Percentage
(Weight is based
Scope of Work
Requirements (Based on the Learning Outcomes) on the
(Individual)
importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Examinations Individual
LO3 Individual

Class standing before Midterms Individual 16.67%


Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100

LEARNING PLAN:

Design or the structure of the course that includes content/topics to be covered;


learning resources to be used; weekly schedule of the topics to be taken up; and the
learning methods to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.

LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)

Course Introduction Syllabus Lecture


Ÿ Course overview Discussion
Ÿ Course assignments
Ÿ Course requirements

Module 1:
• Syllabus Modules 1-2 Ÿ Recitation
I. Preliminaries/ General Principles • Textbooks January 16-21, Ÿ Quiz
A. Remedial Law distinguished from • Supreme 2023
substantive law Court
1. Prospective Effect of the Rules of Decisions
Court/ Retroactive Application of Rules of (SCRA)
Court; Applicability to pending actions
i. In the Matter to Declare in
Contempt of Court Hon. Simeon
Datumanong, G.R. No. 150274,
4 August 2006
ii. Colmenar v. Colmenar, G.R. No.
252467, 21 June 2021
2. Rule-making power of the Supreme
Court
iii. Constitution, Art. VI, Sec. 30

2
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
iv. Constitution, Art. VIII, Sec. 5(5)
3. Power of the Supreme Court to suspend
the Rules of Court
v. Labao v. Flores, G.R. No.
187984, 15 November 2010

B. Nature and Classification of Philippine


Courts
1. Classification of jurisdiction
a. Original vs. Appellate
b. General vs. Special
c. Exclusive vs. Concurrent
2. Constitutional and statutory courts
3. Courts of law and equity
4. Distinguish court and judge
5. Doctrines of hierarchy of courts
vi. Gios-Samar, Inc. v. DOTC, G.R.
No. 217158, 12 March 2019
6. Doctrine of Primary Jurisdiction;
Exceptions
vii. Commission on Audit v. Ferrer,
G.R. No. 218870, November 24,
2020
7. Doctrine of Exhaustion of
Administrative Remedies
viii. The Roman Catholic Bishop of
Malolos, Inc. v. Heirs of Marcos,
G.R. No. 225971,June 17, 2020
8. Doctrine of non-interference or doctrine
of judicial stability
ix. Tan v. Cinco, G.R. No. 213054,
15 June 2016
x. Erice v. Sison, A.M. No. RTJ-
15-2407, November 22, 2017
9. Doctrine of adherence of jurisdiction,
continuity of jurisdiction
xi. Vda. de Ballesteros v. Rural
Bank of Canaman, Inc., G.R. No.
176260, November 24, 2010

C. Jurisdiction
1. Statute in force at the time of the
commencement of the action
i. Cang v. Court of Appeals, G.R.
No. 105308, 25 September 1998
2. Jurisdiction of various Philippine
courts, BP 129, as amended by RA 11576
a. Supreme Court
b. Court of Appeals

3
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
c. Court of Tax Appeals
d. Regional Trial Courts
1. SRC – RA 8799
2. Sec. 2, PD 1529
xii. Heirs of Dolleton v. Fil-
Estate Management, Inc.,
G.R. No. 170750, April 7,
2009
e. Family Courts – RA 8639
xiii. Thornton v. Thornton, G.R.
No. 154598, 16 August 2004
f. MTC, MeTC, MCTC, MTCC
3. Docket and Filing Fees
xiv. Manchester Development
Corporation v. Court of Appeals,
G.R. No. 75919, 7 May 1987
xv. Sun Insurance Office, Ltd. V.
Asuncion, G.R Nos. 79937-38,
February 13, 1989
xvi. Intercontinental Broadcasting
Corp. (IBC-13) v. Alonzo
Legasto, G.R. No. 169108, April
18, 2006
xvii. Foronda-Crystal v. Son, G.R.
No. 221815, November 29, 2017
4. Aspects of jurisdiction
i. Jurisdiction over the Subject
Matter
1. Conferred by law; determined by the
allegations in the complaint
• Radio Communications of
the Philippines, Inc. v.
Court of Appeals, G.R. No.
136109, August 1, 2002
• Sps. Erorita v. Sps. Dumlao
G.R. No. 195477, 25
January 2016
• Heirs of Alfredo Bautista v.
Lindo, G.R. No. 208232,
10 March 2014
• Heirs of Julao v. De Jesus,
G.R. No. 176020, 29
September 2014 – Note the
jurisdictional amounts as
amended by RA 11576
ii. Jurisdiction over the Parties

4
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Palmiano-Salvador v.
Angeles, G.R. No. 171219,
3 September 2012
iii. Jurisdiction over the Issues
• tDenila v. Republic, G.R.
No. 206077, July 15, 2020
iv. Jurisdiction over the Res
• De Joya v. Marquez, G.R.
No. 162416, 31 January
2006
v. Jurisdiction over the Remedy
• Philippine Long Distance
Telephone Company v. Citi
Appliance M.C.
Corporation, G.R.
No. 214546, October 9,
2019
vi. Estoppel Jurisdiction
• Tijam v. Sibonghanoy, G.R.
No. L-21450, 15 April 1968
• Spouses Erorita v. Spouses
Dumlao, G.R. No. 195477,
January 25, 2016

D. Katarungang Pambarangay (Sec. 399-


422, Local Government Code)
1. Civil Code, Art. 2041
• Lansangan v. Caisip, G.R. No.
212987, 6 August 2018
• Abagatnan v. Spouses Clarito, G.R.
No. 211966,
7 August 2017
• Chavez v. Court of Appeals, G.R. No.
159411, 18 March 2005

E. Rules on Expedited Procedures in First


Level Courts, OCA Circular No. 69-2022
1. Small Claims
2. Summary Procedure, Civil Cases

Module 2

I. Rule 1 General Provisions; Actions


a. Ordinary Civil Actions, Special
Civil Actions, Criminal Actions,
Special Proceedings
b. Personal actions and Real Actions
c. Actions in rem, in personam, and

5
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
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TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
quasi in rem
• Macasaet v. Co, Jr., G.R. No.
156759, June 5, 2013

II. Rule 2 - Cause of Action


A. Cause of action defined
• Heirs of Tomas Dolleton v. Fil-
Estate Management, Inc., G.R.
No. 170750, 7 April 2009
• Right of Action – Multi-Realty
Development Corp., G.R. No.
146726, 16 June 2006
• Danfoss Inc. v. Continental
Cement Corp., G.R. No. 143788,
September 9, 2005
B. Failure to state cause of action
distinguished from lack of cause of action
• Colmenar v. Colmenar, et al., G.R.
No. 252467, 21 June 2021
• Sanico v. Colipano, G.R. No.
209969, September 27, 2017
b. Test of sufficiency of cause of action
• Misamis Occidental II
Cooperative, Inc. v. David, G.R.
No. 129928, 25 August 2005
c. Splitting of a single cause of action
and its effects
• Marilag v. Martinez G.R. No.
201892, 22 July 2015
• Yap v. First E-Bank Corporation,
G.R. No. 169889, 29 September
2009
• Umale v. Canoga Park
Development Corp., G.R. No.
167246, 20 July 2011
d. Joinder and misjoinder of causes of
action
• Perez v. Hernano, G.R. No.
147417, 8 July 2005
• Pantranco North Express Inc. v.
Standard Insurance Co. Inc. , G.R.
No. 140746, March 16, 2005
• Danilo v. Pedro, G.R. No. 155736,
31 March 2005
• Santos Ventura Hocorma
Foundation, Inc. v. Mabalacat
Institute, Inc., G.R. No. 211563,
September 29, 2021

6
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Rule 3, Sec. 6Permissive Joinder
of Parties
• Totality Rule (BP 129, Sec. 33, as
amended)

III. Rule 3 Parties to Civil Actions


A. Who may be parties
• Gaffney v. Butler, G.R. No.
219408, November 8, 2017
B. Parties in Interest
• Evangelista v. Santiago, G.R. No.
157447, 29 April 2005
C. Representatives as parties
• V-Gent, Inc. v. Morning Star
Travel & Tours, Inc., G.R. No.
186305, 22 July 2015
• Oposa v. Factoran, G.R. No.
101083, 30 July 1993
• Resident Marine Mammals of
Tanon Strait v. Reyes G.R. No.
180771, 21 April 2015
D. Indispensable Parties
• In the Matter of the Heirship of the
Late Hermogenes Rodriguez, G.R.
No. 182645, 15 December 2010
(Resolution)
• Cerezo v. Tuazon, G.R. No.
141538, 23 March 2004
• Foster-Gallego v. Spouses
Galang, G.R. No. 130228, July 27,
2004
E. Necessary Parties
• Caravan Travel and Tours
International, Inc. v. Abejar, G.R.
No. 170631, February 10, 2016
F. Indigent Party
• Spouses Algura v. City of Naga
G.R. No. 150135, 30 October
2006
G. Nominal, Pro Forma Party
• Republic v. Sandiganbayan, G.R.
Nos. 232724-27, February 15,
2021
H. Misjoinder and non-joinder of parties
• Divinagracia v. Parilla G.R. No.
196750, 11 March 2015
I. Effect of death of party litigant
1. Rule 3, Sec. 20

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LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Spouses De la Cruz v. Joaquin,
G.R. No. 162788, July 28, 2005
• San Juan v. Cruz G.R. No.167321,
31 July 2006
• Gaffney v. Butler G.R. No.
219408, 8 November 2017
• Uy v. Del Castillo, G.R. No.
223610, July 24, 2017

IV. Rule 4 - Venue


A. Venue vs. Jurisdiction
• Nocum v. Lucio Tan G.R. No.
145022, 23 September 2005
B. Venue in civil cases vs. Criminal cases
• Nocum v. Lucio Tan G.R. No.
145022, 23 September 2005
C. Venue of real actions, personal actions,
actions against non-residents
D. When the rules on venue do not apply
• Radiowealth Finance Co., Inc. v.
Pineda, Jr., G.R. No. 227147, July
30, 2018
• Waiver on Improper Venue
• Stipulation on Venue
E. Remedy against improper venue Rule 8,
Sec. 12

Module 3: • Syllabus Ÿ Recitation


• Textbooks Ÿ Quiz
I. Rule 6 Kinds of Pleadings • Supreme
A. Pleadings Defined and Allowed Court
1. Distinguish Pleading, Rule 6, Sec. 1 Decisions
from Motion, Rule 15, Sec. 1 (SCRA)
B. Complaint
1. Actionable Document, Rule 8, Sec. 7;
How to contest, Rule 8, Sec. 8
• Memita v. Masongsong, G.R. No.
150912, 28 May 2007
C. Answer
1. Actionable Document, Rule 8, Sec. 7
• Ridao v. Handmade Credit and
Loans, Inc., G.R. No. 236920,
February 3, 2021
2. Defenses
a. Negative Defenses
i. Specific Denial Rule 8, Sec. 10

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WEEK/ DATE (activities
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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Go Tong Electrical Supply
Co., Inc. v. BPI Family
Savings Bank, Inc., G.R. No.
187487, June 29, 2015
ii. Specific Denial Actionable Documents,
Rule 8, Sec. 8; Reply, Rule 6, Sec. 10;
Rejoinder, Rule 6, Sec. 10
• |||Trans Industrial Utilities,
Inc. v. Metropolitan Bank &
Trust Co., G.R. No. 227095,
January 18, 2021
• Ridao v. Handmade Credit
and Loans, Inc., G.R. No.
236920, February 3, 2021
iii. Allegations not specifically denied
deemed admitted, Rule 8, Sec. 11
iv. Negative Pregnant
• Serrano Mahilum v. Spouses
Ilano, G.R. No. 197923, June
22, 2015
b. Affirmative Defenses
i. When there may be summary hearing:
Rule 6, Sec. 5(b) par. 1; Rule 8, Sec. 12(c)
and (d); Rule 15, Sec. 12(b)
ii. No summary hearing: Rule 6, Sec. 5(b),
Par. 2; Rule 8, Sec. 12 (a); Rule 15, Sec.
12(b)
iii. Action of Court – Rule 8, Sec. 12(c)
and (d)
iv. Remedies – Rule 8, Sec. 12(e); Rule
15, Sec. 12(c)
• Colmenar v. Colmenar, et al.,
G.R. No. 252467, 21 June
2021
c. Rule 9, Sec. 1 Defenses and objections
not pleaded deemed waived; exceptions
D. Compulsory and Permissive
Counterclaim
1. Rule 6, Sec. 12 Bringing New Parties
2. Existing counterclaim or cross-claim,
Rule 11, Sec. 8
a. Rule 9, Sec. 2 Compulsory
counterclaims or cross-claims not set up,
barred
3. Counterclaim or cross-claim arising
after answer, Rule 11, Sec. 9
4. Omitted counterclaim or cross-claim,
Rule 11, Sec. 10

9
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Metropolitan Bank v. CPR
Promotions, G.R. No. 200567, 22
June 2015
• Tiongson v. National Housing
Authority, G.R. No. 166964,
October 11, 2005
• Alday v. FGU Insurance Corp.,
G.R. No. 138822, January 23, 2001
• Sy-Vargas v. Estate of Ogsos, G.R.
No. 221062, October 5, 2016
E. Cross-Claim
1. Rule 6, Sec. 12 Bringing New Parties
2. Existing counterclaim or cross-claim,
Rule 11, Sec. 8
a. Rule 9, Sec. 2 Compulsory
counterclaims or cross-claims not set up,
barred
3. Counterclaim or cross-claim arising
after answer, Rule 11, Sec. 9
4. Omitted counterclaim or cross-claim,
Rule 11, Sec. 10
F. Counter-Counterclaim and Counter-
Cross Claim
G. Reply, Rejoinder
• Casent Realty Development Corp.
v. Philbanking Corporation, G.R.
No. 150731, 14 September 2007

H. Third-Party Complaint
I. Answer to Third-Party Complaint

II. Rule 7 Parts and Contents of a Pleading


A. Caption, Body, Signature and Address
B. Verification
• Bangko Sentral ng Pilipinas v. BF
Homes, Inc., G.R. No. 228239, June
10, 2019
• Jorgenetics Swine Improvement
Corp. v. Thick & Thin Agri-
Products, Inc., G.R. Nos. 201044 &
222691, May 5, 2021
• Victory Liner, Inc. v. Malinias, G.R.
No. 151170, May 29, 2007
C. Certification Against Forum Shopping
• Bangko Sentral ng Pilipinas v. BF
Homes, Inc., G.R. No. 228239, June
10, 2019

10
LEARNING
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LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Tanyag v. Tanyag, G.R. No. 231319,
November 10, 2021
• Victory Liner, Inc. v. Malinias, G.R.
No. 151170, May 29, 2007
• Heirs of Gabriel v. Cebrero, G.R.
No. 222737, November 12, 2018
• Cosco Philippines Shipping, Inc. v.
Kemper Insurance Co., G.R. No.
179488, April 23, 2012
• Carpio v. Rural Bank of Sto.
Tomas (Batangas), Inc., G.R. No.
153171, 4 May 2006
D. Names of Witnesses, Summary of
Testimonies, Judicial Affidavits,
Documentary and object evidence
1. Judicial Affidavit Rule, A.M. No. 12-8-
8-SC
• Lara’s Gifts and Decors, Inc. v.
PNB General Insurers, Co., G.R.
No. 230429, 24 January 2018
E. A.M. No. 10-30-7-SC and 11-9-4-SC,
Efficient Use of Paper Rule, as revised
and approved on 22 February 2022

III. Rule 8 Manner of Making Allegations


in Pleadings
A. Distinguish Ultimate from Evidentiary
Facts
• Lazaro v. Brewmaster Intl, Inc.,
G.R. No. 182779, 23 August 2010
B. Alternative causes of action or defenses
C. Conditions precedent
1. Katarungang Pambarangay
2. Art. 151, Family Code
D. Capacity
E. Fraud, Mistake, Condition of the Mind
• Reyes v. RTC of Makati, G.R. No.
165744, 11 August 2008
F. Judgment
G. Official Document or Act
H. Striking Out of Pleading or matter
contained therein

IV. Rule 9 Effect of Failure to Plead


A. Defenses and objections not pleaded
deemed waived; exceptions

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(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
B. Compulsory counterclaims or cross-
claims not set up, barred
C. Declaration of Default
1. Rule 11, Sec. 11 Extension of Time to
File Answer
• Momarco Import Co., Inc. v.
Villamena, G.R. No. 192477, July 27,
2016
• Commissioner of Internal Revenue v.
Third Division of the Court of Tax
Appeals and AZ Contracting System
Service, Inc., G.R. No. 238093,
January 26, 2021
• Rodriguez v. Government of the
United States of America, G.R. No.
251830, June 28, 2021
• Gajudo v. Traders Royal Bank, G.R.
No. 151098, 21 March 2006
E. Where no defaults allowed

V. Rule 10 Amended and Supplemental


Pleadings
A. Amendments in General
1. Formal Amendment
2. Filing of Amended Pleadings
3. Effect of Amended Pleadings
• Alpha Plus International
Enterprises Corp. v. Philippine
Charter Insurance Corp., G.R. No.
203756, February 10, 2021
B. Amendment as a matter of right
• Marcos-Araneta v. Court of Appeals,
G.R. No. 154096, August 22, 2008
• Biglang-awa v. Philippine Trust
Company, G.R. No. 158998, March
28, 2008
• National Mines and Allied Workers
Union v. Calderon-Bargas, G.R. No.
157232, December 10, 2007
• Limbauan v. Acosta, G.R. No.
148606, June 30, 2008
• Sante v. Claravall, G.R. No. 173915,
February 22, 2010
C. Amendment by leave of court
D. No amendment necessary to conform to
or authorize presentation of evidence
E. Supplemental Pleadings
• Spouses Lambino v. Presiding Judge,

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each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
RTC, Br. 172, Valenzuela City, G.R.
No. 169551, January 24, 2007
• Ada v. Baylon, G.R. No. 182435, 13
August 2012

VI. Rule 11 When to File Responsive


Pleadings

VII. Rule 12 Bill of Particulars


• Roa v. Spouses Sy, G.R. No. 221586,
September 14, 2021

Module 4

I. Rule 13 Filing and Service of Pleadings,


Judgments and Other Papers
A. Definition of Filing, Papers Required to
be Filed
1. Conventional Filing
2. Manner of Filing, When Date of Filing
3. Proof of Filing
B. Definition of Service, Papers Required
to be Served
1. Conventional Service
2. Different modes of service
a. Distinguish Substituted Service under
Rule 13 from Substituted service of
summons under Rule 14
b. Completeness of Service
c. Service on counsel
• Abutin v. San Juan, G.R. No.
247345, July 6, 2020
3. Presumptive Service
4. Proof of Service
C. A.M. No. No. 251-2020, Guidelines on
the Implementation in the Philippines of
the Hague Service Convention on the
Service Abroad of Judicial Documents in
Civil and Commercial Matters
D. A.M. No. 10-30-7-SC and 11-9-4-SC,
Efficient Use of Paper Rule, as revised
and approved on 22 February 2022
E. Notice of Lis Pendens
• Spouses Gonzales v. Marmaine
Realty Corp., G.R. No. 214241,
January 13, 2016
• Equitable PCI Bank, Inc. v. South
Rich Acres, Inc., G.R. Nos.

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LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
202384 & 202397, May 4, 2021

II. Rule 14 Summons


A. Nature and purpose of summons
• Sabado v. Sabado, G.R. No.
214270, May 12, 2021
B. Dismissal Prior to issuance of summons
1. Rule 9, Sec. 1 in relation to Rule 14,
Sec. 1
C. Contents
D. Who may Serve
1. When counsel for defendant may serve
summons
E. Alias Summons
F. Service on Address indicated in the
Complaint, Sec. 4, Rule 14
• Sarol v. Spouses Diao, G.R. No.
244129, December 9, 2020
G. Personal Service
• Yap v. Lagtapon, G.R. No. 196347,
January 23, 2017
H. Substituted Service
• Sarol v. Spouses Diao, G.R. No.
244129, December 9, 2020
• BDO Unibank, Inc. v. Spouses
Chang, G.R. No. 250769, May 3,
2021
• EUCDI United Construction and
Development, Inc. v. De Guzman,
G.R. No. 196836, September 16,
2020
I. Service Upon Private Domestic Juridical
Entity
1. Wherever they may be found
• CCC Insurance Corp. v. Kawasaki
Steel Corp., G.R. No. 156162,
June 22, 2015
2. Exclusive list
• Integrated Micro Electronics, Inc.
v. Standard Insurance Co., Inc.,
G.R. No. 210302, August 27, 2020
J. Service on Public Corporations
• Heirs of Manguiat v. Court of
Appeals, G.R. Nos. 150768 &
160176, August 20, 2008
Service when identity or whereabouts of
defendant is unknown
• Roxas v. Asiatrust Development

14
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METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Bank, Inc., G.R. No. 203506,
January 6, 2020 – Note, the present
Sec. 16 was formerly Sec. 14 as
discussed in this case
• Procianos-Cohen v. Heirs of
Magdayao, G.R. No. 241558,
September 29, 2021 - Note, the
present Sec. 16 was formerly Sec.
14 as discussed in this case
K. Extraterritorial Service of Summons
• Perkin Elmer Singapore Pte Ltd. v.
Dakila Trading Corp. G.R. No.
172242, August 14, 2007
• Sarol v. Spouses Diao, G.R. No.
244129, December 9, 2020; Note,
the present Sec. 17 was formerly
Sec 15 as discussed in this case
L. Service on Residents Temporarily Out
of the Philippines
• Sabado v. Sabado, G.R. No.
214270, May 12, 2021
• Barber v. Chua, G.R. No. 205630,
January 12, 2021
M. Return and Proof of Service
• BDO Unibank, Inc. v. Spouses
Chang, G.R. No. 250769, May 3,
2021
N. Voluntary Appearance
• Belo v. Marcantonio, G.R. No.
243366, September 8, 2020
• Roxas v. Asiatrust Development
Bank, Inc., G.R. No. 203506,
January 6, 2020
• Uy v. Del Castillo, G.R. No.
223610, July 24, 2017

Module 5

I. Rule 15 Motions
A. Distinguish Dismissal with prejudice
from dismissal without prejudice
1. Rule 41, Sec. 1
• Heirs of Sadhwani v. Sadhwani,
G.R. No. 217365, August 14, 2019

II. Rule 17 Dismissal of Actions


A. Dismissal upon Notice by Plaintiff
B. Dismissal upon Motion of Plaintiff

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LEARNING
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(Schedule of designed or
TOPIC/CONTENT (print and non-
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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Blay v. Baña, G.R. No. 232189,
March 7, 2018
C. Dismissal due to fault of plaintiff
• Heirs of Sanchez v. Abrantes, G.R.
No. 234999, August 4, 2021,|||
• Philippine National Bank v. Daradar,
G.R. No. 180203, June 28, 2021

Module 6: • Syllabus Ÿ Recitation


• Textbooks Ÿ Quiz
I. Rule 18 Pre-Trial • Supreme
A. Concept, Nature, Purpose; Compare Court
with Pre-Trial in Criminal Cases Decisions
• Dela Cruz v. Victa Realty & (SCRA)
Development Corp., G.R. No.
218627, June 14, 2021

B. Notice and Appearance; Effect of


Failure to Appear
• Gemina v. Heirs of Espejo, Jr., G.R.
No. 232682, 13 September 2021
• Dela Cruz v. Victa Realty &
Development Corp., G.R. No.
218627, June 14, 2021
• Domingo v. Spouses Singson, G.R.
Nos. 203287 & 207936, April 5,
2017
C. Pre-Trial Brief; Effect of Failure to File
• Dela Cruz v. Victa Realty &
Development Corp., G.R. No.
218627, June 14, 2021
D. Court Annexed Mediation, Judicial
Dispute Resolution
1. Mediation on Civil Liability - Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-SC)
2. 2020 Guidelines for the Conduct of JDR
and CAM in Civil Cases A.M. No. 19-10-
20-SC
E. Judgment after Pre-Trial

II. Rule 19 Intervention


• COA v. Pampilo, Jr., G.R. Nos.
188760, 189060 and 189333, 30 June
2020
• Pulgar v. RTC of Mauban, Quezon,

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each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Branch 64, G.R. No. 157583,
September 10, 2014
• Office of the Ombudsman v. Cerna,
G.R. No. 195134, March 24, 2021

III. Rule 20 Calendar of Cases

IV. Rule 21 Subpoena

V. Rule 22 Computation of Time


• Section 28, Chapter 7, Book I of
the Administrative Code of 1987;
Preterminssion of Holidays
• Rabe-Valeros v. Heirs of Marinas,
G.R. No. 196148, October 2, 2019
• Luz v. National Amnesty
Commission, G.R. No. 159708, 24
September 2004

Module 7

Modes of Discovery

I. Rule 23 Depositions Pending Actions


• Santamaria v. Cleary, G.R. Nos.
197122 &197161, June 15, 2016
• People v. Sergio, G.R. No. 240053,
9 October 2019
II. Rule 24 Depositions Before Action or
Pending Appeal
III. Rule 25 Interrogatories to Parties
• Ng Meng Tam v. China Banking
Corp., G.R. No. 214054 , August
5, 2015
• Spouses Afulugencia v.
Metropolitan Bank and Trust Co.,
G.R. No. 185145, February 5, 2014
IV. Rule 26 Admission by Adverse Party
• Duque v. Spouses Yu, G.R. No.
226130, February 19, 2018
• Lañada v. Court of Appeals, G.R.
Nos. 102390 & 102404, February
1, 2002
V. Rule 27 Production or Inspection of
Documents or Things
• Air Philippines Corp. v. Pennswell,
Inc., G.R. No. 172835, December

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(Schedule of designed or
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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
13, 2007
VI. Rule 28 Physical and Mental
Examination of Persons
VII. Refusal to Comply with Modes of
Discovery
• Castillo v. Torres-Aquino, G.R.
No. 190034, November 20, 2017

Module 8:

I. Trial – Rule 30
A. Schedule of Trial
B. Order of Trial; Reverse Trial
1. Judicial Affidavit Rule, A.M. No. 12-8-
8-SC, Sec. 9
2. Form of Testimony, Revised Guidelines
for Continuous Trial of Criminal Cases
(A.M. No. 15-06-10-SC)
3. Rules on Expedited Procedures in First
Level Courts, OCA Circular No. 69-2022,
Use of Judicial Affidavits and Sworn
Statements in Criminal Cases under
Summary Procedure
C. Adjournments and postponements
1. Rule 15, Sec, 12(f)
2. Rule 18, Sec. 7
D. Agreed statement of facts
1. Rue 129, Sec. 4
E. Oral Offer of Documentary Exhibits
1. Rule 132, Sec, 34-40
F. Suspension of Actions
1. Art. 2030 and 2035, Civil Code
G. Rule 31 Consolidation or severance of
hearing or trial
• Deutsche Bank AG v. Court of
Appeals, G.R. No. 193065,
February 27, 2012
H. Delegation of reception of evidence
1. Rule 9, Sec. 3
I. Rule 32 Trial by commissioners
J. A.M. No. 20-12-01-SC Guidelines on
the Conduct of Videoconferencing

II. When no trial will be conducted


A. Rule 33 Demurrer to Evidence,
Distinguished from Dismissal due to
failure to state a cause of action
• Colmenar v. Colmenar, G.R. No.
252467, 21 June 2021

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LEARNING
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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
1. Motion
a. Rule 15, Sec. 5(a)(12), Sec. 5(b)-(c),
Sec 6-7
2. Grounds
• Republic v. De Borja, G.R. No.
187448, January 9, 2017
• GMA Network, Inc. v. Central
CATV, Inc., G.R. No. 176694,
July 18, 2014
3. Effects of Grant and Denial
• Republic v. De Borja, G.R. No.
187448, January 9, 2017
• Duque v. Spouses Yu, G.R. No.
226130, February 19, 2018
4. Remedies against grant and denial
• Republic v. De Borja, G.R. No.
187448, January 9, 2017
• Rule 41, Sec. 1
5. Compare with Demurrer in Criminal
Cases, Rule 119, Sec. 23

B. Rule 34 Judgment on the pleadings


1. Court Motu proprio, Rule 18, Sec. 7(i)
and Sec. 10
2. Motion
a. Rule 15, Sec. 5(a)(12), Sec. 5(b)-(c),
Sec 6-7
3. Grounds
a. Rule 8, Sec. 8, 10 and 11
• Comglasco Corp. v. Santos Car
Check Center Corp., G.R. No.
202989, March 25, 2015
• Fernando Medical Enterprises,
Inc. v. Wesleyan University
Phils., Inc., G.R. No. 207970, 20
January 2016
• Iloilo Jar Corp. v. Comglasco
Corp., G.R. No. 219509, January
18, 2017
• Sunbanun v. Go, G.R. No.
163280, 2 February 2010
4. Remedies against grant and denial
a. Rule 41, Sec. 1
b. Rule 18, Sec. 10
5. When prohibited
a. A.M. No. 02-11-10-SC, Sec. 17
b. A.M. No. 02-11-11-SC, Sec. 14(b)

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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
6. Distinguish from Judgment by Default,
Summary Judgment
• Garcia v. Llamas, G.R. No. 154127,
December 8, 2003

C. Rule 35 Summary Judgment


1. Court Motu proprio, Rule 18, Sec. 7(i)
and Sec. 10
• Spouses Pascual v. First
Consolidated Rural Bank (Bohol),
Inc., G.R. No. 202597, February 8,
2017
2. Motion
a. Rule 15, Sec. 5(a)(12), Sec. 5(b)-(c),
Sec 6-7
3. Grounds
• Asian Construction v. PCIB, G.R.
No. 153827, 25 April 2006
• Pepsi-Cola Products Philippines,
Inc. v. Isabela Leaf Tobacco Co.,
Inc., G.R. No. 237840 , June 10,
2019
• Aljem's Credit Investors Corp. v.
Spouses Bautista, G.R. No.
215175, April 25, 2022
4. Partial Summary Judgment
• Philippine Business Bank v.
Chua, G.R. No. 178899,
November 15, 2010
5. Remedies against grant and denial
a. Rule 41, Sec. 1
b. Rule 18, Sec. 10
• Aljem's Credit Investors Corp. v.
Spouses Bautista, G.R. No.
215175, April 25, 2022

D. Rule 9, Sec. 3 Judgment by Default


• Bacabac v. Spouses Tiu, G.R. No.
228126, June 30, 2021
• National Power Corp. v. Baysic, G.R.
No. 213893, September 25, 2019

E. Judgment on Compromise
• Spouses Garcia v. Spouses Soriano,
G.R. No. 219431, August 24, 2020
• National Electrification
Administration v. Maguindanao
Electric Cooperative, Inc., G.R. Nos.

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LEARNING
WEEK/ DATE (activities
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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
192595-96 & 192676-77, April 11,
2018
• |||St. Francis Plaza Corp. v. Solco,
G.R. Nos. 248519, 248520 & 248757-
59, March 17, 2021

Module 9

I. Rule 36 Judgment and Final Order


A. Distinguished from Interlocutory Order
1. Rule 41, Sec. 1
• Garrido v. Tortogo, G.R. No.
156358, 17 August 2011
B. Supplemental and Amended Judgment
• Planters Development Bank v.
Sps. Lopez, G.R. No. 186332,
October 23, 2013
C. Judgment Nunc pro tunc
• Baterina v. Musngi, G.R. Nos.
239203-09, July 28, 2021
D. Entry of Judgment and Final Order
1. Immutability of Final Judgments;
Exceptions
• Philippine Veterans Bank v. Bank
of Commerce, G.R. Nos. 217938
& 217945, September 15, 2021
2. Bar by Prior Judgment
• Padillo v. Court of Appeals, G.R.
No. 119707, November 29, 2001
• People v. Escobar G.R. No.
214300, 26 July 2017
3. Conclusiveness of Judgment
• Padua v. Heirs of De Guzman.,
G.R. No. 221521, February 3,
2021
4. Law of the Case
• Philippine Ports Authority v.
Nasipit Integrated Arrastre and
Stevedoring Services, Inc., G.R.
No. 214864, March 22, 2017

Module 10:

I. Post-judgment Remedies
A. Rule 37 - Motion for New Trial or
Reconsideration
a. Berry Rule
b. Sec. 3, Rule 41

21
LEARNING
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LEARNING
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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Dinglasan, Jr. v. Court of Appeals,
G.R. No. 145420, September 19, 2006
• Marikina Valley Development Corp.
v. Flojo, G.R. No. 110801, December
8, 1995
• Carreon v. Aguillon, G.R. No. 240108
, June 29, 2020
• Valdez v. Sundiang, G.R. No. 248786,
October 14, 2020

B. Appeal - Appeals in general


• Custodio v. Court of Appeals, G.R.
NO. 116100, 9 February 1996
1. Judgment and final orders subject to
appeal
2. Matters not appealable
a. Remedy – Rule 65
3. Remedies against judgment and orders
which are not appealable
a. Rule 41, Sec. 1, compare with Rule 40,
Sec. 8
4. Modes of appeal
a. Appeal when matter of right and when
discretionary
5. Issues to be raised on appeal in civil
cases
• Republic v. Capital Resources
Corp., G.R. No. 217210,
November 7, 2016
• Borromeo v. Mina, G.R. No.
193747, June 5, 2013
6. Period of appeal; Fresh Period Rule
• Neypes v. Court of Appeals, G.R.
No. 141524, September 14, 2005||
• Heirs of Albano v. Spouses
Ravanes, G.R. No. 183645, July
20, 2016
• Puerto del Sol Palawan, Inc. v.
Gabaen, G.R. No. 212607, March
27, 2019
7. Perfection of appeal
• Ang v. Court of Appeals, G.R. No.
238203, September 3, 2020
• Regional Agrarian Reform
Adjudication Board v. Court of
Appeals, G.R. No. 165155, April
12, 2010
• Bernardo v. Soriano, G.R. No.

22
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(Schedule of designed or
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(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
200104, June 19, 2019
8. Residual Jurisdiction
• Development Bank of the
Philippines v. Carpio, G.R. No.
195450, February 1, 2017
9. Appeal from judgment or final orders of
the MTC, MeTC, MTC in cities, MCTC
a. Appeals in Summary Procedure, Rules
on Expedited Procedures in the First Level
Courts, OCA Circular No. 69-2022
b. Remedy against Decision in Small
Claims, Rules on Expedited Procedures in
the First Level Courts, OCA Circular No.
69-2022
• A.L. Ang Network, Inc. v. Emma
Mondejar, G.R. No. 200804, 22
January 2014
c. Rule 40
• Encarnacion v. Amigo, G.R. No.
169793, 15 September 2006
• Canlas v. Tubil G.R. No. 184285,
25 September 2009
i. Applicability of Rule 41 provisions to
Rule 40, insofar as they are not
inconsistent (Rule 40, Sec. 9)
10. Appeal from judgments or final orders
of the RTC
a. Appeal of Judgment of RTC rendered in
exercise of its original jurisdiction -
Ordinary Appeal Rule 41, Rule 44
i. Appeal of judgments in certiorari,
prohibition, mandamus, quo warranto and
habeas corpus
ii. Dismissal of Appeal by RTC, Sec. 13,
Rule 41
• Philippine Bank of
Communications v. Court of
Appeals, G.R. No. 218901,
February 15, 2017
iii. Dismissal of Appeal by CA, Rule 50
• Heirs of Garcia I v.
Municipality of Iba, Zambales,
G.R. No. 162217, July 22,
2015
iv. Rules 48-55, Procedure in the CA
b. Appeal of Judgment of RTC rendered in
exercise of its original jurisdiction –

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semester) create the
resources)
conditions for
learning)
Petition for Review on Certiorari, Rule 45
on pure question of law
i. Distinguish Question of Fact from
Question of Law
• Dangdang-David v. Alba, G.R.
No. 204621, October 6, 2021
• Republic v. De Borja, G.R. No.
187448, January 9, 2017
c. Appeal of Judgment of RTC rendered in
exercise of its appellate jurisdiction, Rule
42
• Ross Rica Sales v. Ong, G.R.
No. 132197, 16 August 2005
• Land Bank of the Phils. v.
Court of Appeals, G.R. No.
221636, July 11, 2016
i. Sec. 2, Appeals in Summary Procedure,
Rules on Expedited Procedures in the First
Level Courts, OCA Circular No. 69-2022
ii. Rules 48-55, Procedure in the CA
• Anderson v. Ho, G.R. No.
172590, 7 January 2013
• Intramuros Administration v.
Offshore Construction
Development Co., G.R. No.
196795, March 7, 2018
11. Appeal from Quasi-Judicial Agencies
to the Court of Appeals, Rule 43
• Erice v. Sison, A.M. No. RTJ-15-
2407, November 22, 2017
• Gatchalian v. Office of the
Ombudsman, G.R. No. 229288 ,
August 1, 2018
• St. Martin Funeral Home v. NLRC,
G.R. No. 130866, September 16,
1998
• Alcaraz v. Gonzales, G.R. No.
164715, 20 September 2006
• Global Medical Center of Laguna,
Inc. v. Ross Systems International,
Inc., G.R. No. 230112 and 230119,
11 May 2021
i. Appeal from CTA, Sec. 1, Rule 16,
Revised Rules of the Court of Tax
Appeals, A.M. No. 05-11-07-CTA
12. Appeal to the Supreme Court
a. Rule 45, Petition for Review on
Certiorari

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(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
i. Distinguish Rule 45 from Rule 65
• Mackay v. Angeles, G.R. No.
144230, September 30, 2003
1. When Rule 65 may, by exception, be
treated as under Rule 45
• City of Manila v. Grecia-Cuerdo,
G.R. No. 175723, February 4, 2014
ii. Question of Law from Question of Fact
• Asian Terminals, Inc. v. Simon
Enterprises, Inc., G.R. No. 177116,
February 27, 2013
• Global Medical Center of Laguna,
Inc. v. Ross Systems International,
Inc., G.R. No. 230112 and 230119,
11 May 2021
iii. Rule 56, and applicability of provisions
of Rules 48, 51, 52
iv. Revised Guidelines on Submission of
Electronic Copies of Supreme Court-
Bound Papers Pursuant to the Efficient
Use of Paper Rule, A.M. No. 10-3-7-
SC/A.M. No. 11-9-4-SC, 22 February
2022
b. Notice of Appeal
i. From Sandiganbayan, 2018 Revised
Internal Rules of the Sandiganbayan, A.M.
No. 13-7-05-SB
ii. From CA, Rule 124, Sec. 13(c)
iii. Revised Guidelines on Submission of
Electronic Copies of Supreme Court-
Bound Papers Pursuant to the Efficient
Use of Paper Rule, A.M. No. 10-3-7-
SC/A.M. No. 11-9-4-SC, 22 February
2022
iv. Rule 56, and applicability of provisions
of Rules 48, 51, 52

C. Rule 38 - Relief from judgments, orders


and other proceedings
• Madarang v. Spouses Morales, G.R.
No. 199283, June 9, 2014
• Purcon v. MRM Philippines, G.R. No.
182718, 26 September 2008
• Valencia v. Court of Appeals, G.R.
No. 119118, February 19, 2001
• Gomez v. Montalban, G.R. No.
174414, 14 March 2008
• Santos v. Santos, G.R. No. 214593,

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(arrangement or sequence of the major print materials
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the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
July 17, 2019

D. Rule 47 - Annulment of judgments or


final orders and resolutions
• Republic v. De Castro, G.R. No.
189724, 7 February 2011
• Spouses Flores v. Spouses Estrellado,
G.R. No. 251669, December 7, 2021
• Spouses Alvarez v. Court of Appeals
(Former 12th Division), G.R. No.
192472, June 3, 2019
• Ancheta v. Cambay, G.R. No.
204272, January 18, 2021
• Llamas v. Court of Appeals, G.R. No.
149588, September 29, 2009

E. Collateral attack of judgments


• Pacasum, Sr. v. Zamoranos, G.R.
No.193719, March 21, 2017

Module 11:

I. Rule 39 - Execution, Satisfaction and


Effect of Remedies
a. Execution as a Matter of Right
i. Difference between final order/
judgment for purposes of appeal and for
purposes of execution
ii. Execution in Small Claims, Rules on
Expedited Procedures in First Level
Courts, OCA Circular No. 69-2022
b. Execution Pending Appeal
• Heirs of Casiño, Sr. v.
Development Bank of the
Philippines, Malaybalay Branch,
Bukidnon, G.R. Nos. 204052-53,
March 11, 2020
• Centennial Guarantee Assurance
Corp. v. Universal Motors Corp.,
G.R. No. 189358, October 8, 2014
i. Discretionary Execution and stay of
Discretionary Execution
ii. Execution not stayed by Appeal,
exceptions
1. Forcible Entry and Unlawful Detainer,
Execution and Stay of Execution, Sec. 19,
Rule 70
o Office of the Court

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TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Administrator v. Corpuz,
A.M. No. P-00-1418,
September 24, 2003
c. Period and Manner of Execution – By
Motion or Independent Action
• Pineda v. Miranda, G.R. No.
204997, 4 August 2021
• Villareal, Jr. v. Metropolitan
Waterworks and Sewerage System,
G.R. No. 232202, February 28,
2018
• Perez v. Manotok Realty, Inc.,
G.R. No. 216157, October 14, 2019
• Villeza v. German Management
and Services, Inc., G.R. No.
182937, August 9, 2010
• Infante v. Aran Builders, G.R. No.
156596, 24 August 2007
i. Voluntary Execution without Writ of
Execution - Procedure
d. Execution in case of death of party
i. Rule 86, Sec 7
ii. Rule 87, Sec. 1
e. Issuance, Form Contents, Return of
Writ of Execution
f. Execution of Judgment for Money
• Vergara, et al., v. Gedorio, et al.,
G.R. No. 154037, 30 April 2003
• Rule 61, Sec. 5
i. Properties exempt from Execution
ii. Examination of judgment obligor and
obligor of judgment obligor when
judgment is unsatisfied
iii. Levy, Garnishment – Manner of Levy
and Garnishment
• Miranda v. Spouses Mallari,
G.R. No. 218343, November 28,
2018
iv. Order for Application of Property and
Income to Satisfaction of Judgment
v. Notice of Public Sale, Procedure
vi. Terceria
• Bigtas v. Sterling Bank of Asia,
G.R. No. 230804, March 24,
2021
• Power Sector Assets and
Liabilities Management Corp. v.
Maunlad Homes, Inc, G.R. No.

27
LEARNING
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WEEK/ DATE (activities
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(Schedule of designed or
TOPIC/CONTENT (print and non-
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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
215933, February 8, 2017
vii. Rules on Redemption
• AQA Global Construction, Inc.
v. Planters Development Bank,
G.R. Nos. 211649 & 211742 ,
August 12, 2015
g. Execution of Judgment for a Specific
Act
• Barrete v. Amila, A.M. No. MTJ-
92-733, 23 February 1994
h. Execution of Special Judgment
• Sia v. Arcenas, G.R. Nos. 209672-
74, 14 January 2015
i. Effects of Judgments or Final Orders
• Metropolitan Manila
Development Authority v.
Concerned Residents of Manila
Bay, G.R. Nos. 171947-48, 15
February 2011
j. Effects of Foreign Judgments or Final
Orders
• Rules on Action for Support and
Petition for Recognition and
Enforcement of Foreign
Decisions or Judgments on
Support, A.M. No. 21-02-02-SC

Module 12

I. Provisional Remedies
a. Nature and Purpose
b. Jurisdiction over provisional remedies

A. Rule 57 Preliminary Attachment


1. Grounds for issuance of writ of
attachment
• Valmonte v. Court of Appeals,
G.R. No. 108538, 22 January 1996
2. Application, Requisites for issuance of
writ of attachment
• Davao Light & Power Co., Inc. v.
Court of Appeals, G.R. No. 93262,
November 29, 1991
• Torres v. Satsatin. G.R. No.
166759, 25 November 2009
3. Enforcement of Writ of Attachment
4. Manner of Attachment
5. Discharge of Attachment

28
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
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(Schedule of designed or
TOPIC/CONTENT (print and non-
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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Davao Light & Power Co., Inc. v.
Court of Appeals, G.R. No. 93262,
November 29, 1991
6. Sale before entry of judgment
7. Third Party Claimant
• Bigtas v. Sterling Bank of Asia,
G.R. No. 230804, March 24, 2021
7. Satisfaction of judgment out of property
attached
8. Claim for damages
• Excellent Quality Apparel, Inc. v.
Visayan Surety & Insurance Corp.,
G.R. No. 212025 , July 1, 2015
• China Banking Corp. v. Asian
Construction and Development
Corp., G.R. No. 158271, April 8,
2008

B. Rule 58 Preliminary Injunction


1. Distinguish: Main Action and
Provisional Remedy
• Garcia v. Honorable Clerk of
Court, G.R. No. 248542, January
22, 2020
• Sola v. First Jia Philippines West
View Estate and Development,
G.R. No. 249926, March 2, 2020
2. Application, Requisites, What Needs to
be Proven
• Australian Professional Realty v.
Municipality of Padre Garcia,
Batangas, G.R. No. 183367, 14
March 2012
3. TRO, Ex-parte TRO
• Spouses Lago v. Abul, Jr., A.M.
No. RTJ-10-2255, January 17,
2011
• Evy Construction and
Development Corp. v. Valiant Roll
Forming Sales Corp., G.R. No.
207938, October 11, 2017
• Spouses Tumon v. Radiowealth
Finance Co., Inc., G.R. No.
243999, March 18, 2021
4. Writ of Preliminary Injunction
• Evy Construction and
Development Corp. v. Valiant Roll

29
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Forming Sales Corp., G.R. No.
207938, October 11, 2017
• Spouses Tumon v. Radiowealth
Finance Co., Inc., G.R. No.
243999, March 18, 2021
5. Grounds for objection to/dissolution of
TRO/WPI
• City of Iloilo v. Honrado, G.R. No.
160399, December 9, 2015
• Spouses Laus v. Optimum Security
Services, Inc., G.R. No. 208343,
February 3, 2016
• Rule 70, Sec. 15
• Philippine Associated Smelting
and Refining Corp. v. Lim, G.R.
No. 172948, October 5, 2016
• Strategic Alliance Development
Corp. v. Star Infrastructure
Development Corp., G.R. No.
187872, April 11, 2011
6. Claim for Damages
7. When TRO/WPI is prohibited/Not
allowed
• PD 605, PD 1818, PD 385
• Dynamic Builders & Construction
Co. (Phil.), Inc. v. Presbitero, Jr.,
G.R. No. 174202, April 7, 2015
• Antig v. Antipuesto, G.R. No.
192396, January 17, 2018
• Bank of the Philippine Islands v.
Hontanosas, Jr., G.R. No. 157163,
June 25, 2014

C. Rule 59 Receivership
1. Cases when receiver may be appointed;
Requisites
• ||Tantano v. Espina-Caboverde,
G.R. No. 203585, July 29, 2013
2. General powers of a receiver
3. Two kinds of bonds
4. Termination of receivership
5. Claim for Damages

D. Rule 60 Replevin
1. Principal and Provisional Remedy
• Enriquez v. The Mercantile
Insurance Co., Inc., G.R. No.
210950, August 15, 2018

30
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(Schedule of designed or
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each Topic, deployed by the
(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• BA Finance Corp. v. Court of
Appeals, G.R. No. 102998, July 5,
1996
• Servicewide Specialists, Inc. v.
Court of Appeals, G.R. No.
110048, November 19, 1999
2. When writ may be issued; Requisites
3. When property is claimed by third party
4. Objections to/dissolution/discharge of
writ
• Rivera v. Vargas, G.R. No.
165895, 5 June 2009
• Advent Capital and Financ Corp.
v. Young, G.R. No. 183018, 3
August 2011
• 5. Claim for damages
• Enriquez v. The Mercantile
Insurance Co., Inc., G.R. No.
210950, August 15, 2018
• Advent Capital and Finance Corp.
v. Young, G.R. No. 183018, 3
August 2011

E. Rule 61 Support
• Somosa-Ramos v. Vamenta Jr.,
G.R. No. L-34132, July 29, 1972
• San Juan v. Valenzuela, G.R. No.
L-59906, October 23, 1982

F. Provisional Remedies under Special


Law and Rules
• Provisional remedies In Family
Cases, A.M. No. 02-11-12-SC,
Rile on Provisional Orders
• Human Security Act
• Anti-Violence against Women and
Children Act
• Anti-Money Laundering Act
• Financial Rehabilitation and
Insolvency Act
• Precautionary Hold Departure
Orders

Module 13

Special Civil Actions


1. Interpleader

31
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
a. Jurisdiction, BP 129 as amended by RA
11576
b. Nature and Definition
- Rizal Commercial Banking Corporation
v. Metro Container Corporation, G.R. No.
127913, 13 September 2001
c. Propriety of Interpleader
- United Coconut Planters Bank v.
Intermediate Appellate Court, G.R. Nos.
726645-65, 20 March 1990
- Sy-Quia v. Sheriff of Ilocos Sur, 46 Phi.
400 (1924)
- Beltran v. People’s Homesite and
Housing Corporation, G.R. No. L-25138,
28 August 1996.
- Wack-Wack Golf & Country Club, Inc.
v. Won, G.R. No. L-23851, 26 March
1976
- Republic v. Heirs of Cruz, G.R. No.
208956, October 17, 2018
d. Consignation vs. Interpleader – Art.
1256, Civil Code
e. Docket and other lawful fees, costs and
litigation expenses
f. Summons
g. Responsive Pleadings
h. Declaration of Default
i. Motion to Dismiss – See Revised Rules
– Civil Procedure
j. Effect of Dismissal of Interpleader on
Counterclaim
- United Coconut Planters Bank v.
Intermediate Appellate Court, G.R. Nos.
726645-65, 20 March 1990

Module 14

2. Declaratory Relief and Similar


Remedies
a. Declaratory Relief
i. Jurisdiction, BP 129 as amended by RA
11576
ii. Nature and Definition; Requisites
- Valerde v. Social Justice Society, G.R.
No. 159357, 28 April 2004
- Mangahas, et al., v. Paredes, et al., G.R.
No. 157866, 14 February 2007
- Ollada v. Central Bank of the
Philippines, No. L-11357, 31 May 1962

32
LEARNING
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
iii. Declaratory Relief v. Clarificatory
Judgment
iv. Court discretion to refuse to declare
rights
v. Non-execution of declaratory
judgments; exceptions
- PDIC v. CA, G.R. No. 126911, 30 April
2003
- Matalin Coconut Co., v. Municipal
Council of Malabang, Lano del Sur, G.R.
No. L-28138, 13 August 1986.
- Department of Budget and Mangement,
et al., v. Manila’s Finest Retirees
Association, Inc., et al., G.R. No. 169466,
9 May 2007.
vi. Conversion of Declaratory Relief to
Ordinary Action
b. Reformation of Instrument
i. Jurisdiction, BP 129 as amended by RA
11576
ii. Nature and Definition
c. Quieting of Title
i. Jurisdiction, BP 129 as amended by RA
11576
ii. Nature and Definition – Art. 476-477,
Civil Code
- Lucasan, et al., v. Philippine Deposit
Insurance Corporation, G.R. No. 176929,
04 July 2008
d. Consolidation of Title
i. Jurisdiction, BP 129 as amended by RA
11576
ii. Nature and Definition – Art. 1607,
1616, Civil Code

Module 15

3. Review on Judgments and Final Orders


or Resolutions of the COMELEC and
COA
- Figueroa v. COA, G.R. Nos. 213212,
213497, 213655, 27 April 2021
- Genuino v. COA, G.R. No. 230818, 15
June 2021
a. Jurisdiction, BP 129 as amended by RA
11576
b. Timeliness of Filing Petition; Exception
- Fortune Life Insurance Co., Inc. v. COA,
G.R. No. 213525, 27 January 2015

33
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Osmeña v. COA, G.R. No. 188818, 31
May 2011
- Collado v. Villar, G.R. No. 193143,
December 1, 2020
- Philippine Association of Detective and
Protective Agency Operators v.
Commission on Elections, G.R. No.
223505, October 3, 2017

c. Grounds for outright dismissal of


petition
d. Rule 64 vs Rule 65

Module 16

4. Certiorari, Prohibition, Mandamos


a. Jurisdiction, BP 129 as amended by RA
11576
b. Nature and Definition
c. Scope of Enforceability of Writ
- Sec. 21 (1), BP 129
- Board of Trustees of GSIS v. Velasco,
G.R. No. 170463, 2 February 2011
d. Rule 45 v. Rule 65
e. Extraordinary Remedy; Requisites and
when availed of
- Art. VIII, Sec. 1, Constitution
- De Lima v. Reyes, G.R. No. 209330, 11
January 2016
- Joson v. Office of Ombudsman, G.R.
Nos. 210220-21, 6 April 2016
- Dagan v. Office of the Ombudsman,
G.R. No. 184083, 19 November 2013
- Estrada v. Desierto, G.R. No. 156160, 9
December 2004
- Fabian v. Desierto, G.R. No. 129742, 16
September 1998
- Ong v. People, G.R. No. 140904, 9
October 2000, citing Tadeo v. People,
G.R. No. 129774, 29 December 1998
- Rivera v. Espiritu, G.R. No. 135547, 23
January 2002
- Uy v. Santiago, G.R. No. 131237, 31
July 2000
f. Parties
g. Timeliness of filing Petition

Module 17

34
LEARNING
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TOPIC/CONTENT (print and non-
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(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
5. Writ of Kalikasan – AM No. 09-6-8-SC,
13 April 2010
a. Jurisdiction, BP 129 as amended by RA
11576, Procedure, Prohibited Pleadings,
Appeal
- Segovia v. Climate Change Commission,
G.R. No. 211010, 7 March 2017
- International Service for the Acquisition
of Agri-Biotech Applications, Inc. v.
Greenpeace Southeast Asia (Phils.), G.R.
Nos. 209271, 209276, 209301 & 209430,
8 December 2015
- West Tower Condominium v. First Phil
Industrial Corp, G.R. No. 194239, 16 June
2015
- LNL Archipelago Minerals, Inc. v.
Agham Party List, G.R. No. 209165, April
12, 2016.
- Resident Marine Mammals of Tanon
Strait v. Reyes G.R. No. 180771, 21 April
2015

6. Writ of Continuing Mandamus - AM


No. 09-6-8-SC, 13 April 2010
a. Jurisdiction, BP 129 as amended by RA
11576, Procedure, Prohibited Pleadings,
Appeal
- Segovia v. Climate Change Commission,
G.R. No. 211010, 7 March 2017
- Dolot v. Paje, G.R. No. 199199, 27
August 2013
- Metropolitan Manila Development
Authority v. Concerned Residents of
Manila Bay, G.R. Nos. 171947-48
(Resolution), 15 February 2011

Module 18

7. Quo Warranto
a. Jurisdiction, BP 129 as amended by RA
11576
b. Nature and Definition
- Compare with Mandamus
c. Timeliness of filing Petition
- Torres v. Quintos, G.R. No. L-3304, 4
May 1951
- Republic v. Sereno, G.R. No. 237428, 11
May 2018

35
LEARNING
METHODS
LEARNING
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(Schedule of designed or
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(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
d. Quo Warranto Omnibus Election Code
vs. Rules of Court
- Omnibus Election Code, Sec. 253
- Comelec Rules of Procedure, Rule 21,
Sec. 1
- A.M. No. 10-4-1-SC – 2010 Rules of
Procedure for Municipal Election
Constests, Rule 2, Sec. 2
- Rivera v. COMELEC, G.R. Nos. 210273
& 213069, 19 April 2016
e. Parties, Legal Standing
- Republic v. Sereno, G.R. No. 237428, 11
May 2018
- Mendoza v. Allas, G.R. No. 131977, 4
February 1999
- PLDT v. NTC, G.R. No. 88404, 18
October 1990
- Divinagracia v. Consolidated
Broadcasting System, Inc., G.R. No.
162272, 7 April 2009
- Gonzalez v. Chavez, G.R. No. 97351, 4
February 1992
- General v. Urro, G.R. No. 191560, 29
March 2011
f. Venue
g. Damages

Module 19

8. Expropriation
a. Jurisdiction, BP 129 as amended by RA
11576
- Ruby Shelter Builders v. Formaran, G.R.
No. 175914, 10 February 2009
- BPI v. Hontanosas, G.R. No. 157163, 25
June 2014
- Barrido v. Nonato, G.R. No. 176492, 20
October 2014
- Bardillon v. Barangay Masili, G.R. No.
146886, 30 April 2003
- Barangay San Roque v. Heirs of Pastor,
G.R. No. 138896, 20 June 2000
- NTC v. Bermuda Development Corp,
G.R. No. 214782, 3 April 2019
b. Nature, Definition, Distinguished from
Eminent Domain, Inverse Condemnation
c. Stages/ Phases; Inverse Condemnation

36
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Republic v. Phil-Ville Development and
Housing Corporation, G.R. No. 172243,
26 June 2007
- Eusebio v. Luis, G.R. No. 162474, 13
October 2009
- De Ynchausti v. Manila Electric Railroad
& Light Co., 36 Phil. 908 (1917)
- National Power Corporation v.
Manubay-Agro Industrial Development
Corporation, G.R. No. 150936, 18 August
2004
- City of Manila v. Chinese Community of
Manila, 40 Phil. 349 (1919)
- National Power Corp. v. Court of
Appeals, G.R. No. 16804, 12 August 2004
- Metropolitan Water District v. De los
Angeles, 55 Phil. 776 (1931)
- National Transmission Corp. v. Oroville
Development Corp., G.R. No. 223366,
August 1, 2017
d. Parties
- De Knecht v. Court of Appeals, G.R.
Nos. 108015 & 109234, 20 May 1998
e. Prohibition on Motion to Dismiss
f. Right to Entry/ Writ of Possession
- Biglang-Awa v. Bacalla, G.R. Nos.
139927 and 139936, 22 November 2000
- Robern Development Corp. v. Quitain,
G.R. No. 135042, 23 September 1999
g. Mandatory Appointment of
Commissioners; Exception
- Manila Electric Co. v. Pineda, G.R. No.
59791, 13 February 1992
- National Power Corp. v. Court of
Appeals, G.R. No. 16804, 12 August 2004
- Province of Davao Del Norte v.
Buenaventura-Navarro, G.R. No. 208771
(Notice), 27 February 2019
h. Just Compensation
- Republic v. Vda. de Castellvi, G.R. No.
L-20620, 15 August 1974
- B.H. Berkenkotter & Co. v. Court of
Appeals, G.R. No. 89980, 14 December
1992
- Evergreen Manufacturing Corp. v.
Republic, G.R. Nos. 218628 & 218631, 6
September 2017

37
LEARNING
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TOPIC/CONTENT (print and non-
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(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- National Power Corp. v. Heirs of
Sangkay, G.R. No. 165828, 24 August
2011
- Republic v. Salvador, G.R. no. 205428, 7
June 2017
- Republic v. Fetalvero, G.R. No. 198008,
4 February 2009
i. LGU expropriation
- Star Special Watchman & Detective
Agency, Inc. v. Puerto Princesa City, G.R.
No. 181792, 21 April 2014
j. Appeal
k. Reacquisition of expropriated property
- Mactan-Cebu International Airport
Authority v. Lozada, Sr., G.R. No.
176625, 25 February 2010
l. RA 10752 – Right of Way Act and its
Implementing Rules
- Coverage
- Modes of Acquiring Real Property
- Defendants
- Expropriation Proceedings
- Immediate Possession of Premises
- Payment of Interest
- Relocation of Informal Settlers
- Writ of Demolition

Module 20

9. Foreclosure of Real Estate Mortgage


a. Jurisdiction, BP 129 as amended by RA
11576
b. Nature and Definition; Compare with
Extrajudicial Foreclosure – Act No. 3135
- Marilag v. Martinez, G.R. No. 201892,
22 July 2015
- Bacharach Motor Co., Inc. v. Icarañgal,
68 Phil. 287 (1939)
- Bulatao v. Estonactoc, G.R. No. 235020,
December 10, 2019

c. Stages/ Phases
- Huerta Alba Resort, Inc. v. Court of
Appeals, G.R. No. 128567, 1 September
2000
- Cuyco v. Cuyco, G.R. No. 168736, 19
April 2006

38
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Rehabilitation Finance Corporation v,.
Alto Surety & Insurance Co., G.R. No. L-
14303, 24 March 1960
- Baysa v. Plantilla, G.R. No. 159271, 13
July 2015
- Sulit v. Court of Appeals, G.R. No.
119247, 17 February 1997
- Marilag v. Martinez, G.R. No. 201892,
22 July 2015
d. Appeal
e. WPI/TRO
- Spouses Tumon v. Radiowealth Finance
Co., Inc., G.R. No. 243999, March 18,
2021

10. Partition
a. Jurisdiction, BP 129 as amended by RA
11576
- Agarrado v. Librando-Agarrado, G.R
No. 212413, 6 June 2018
b. Nature and Definition
- Art. 484, 494, 495, 1083, 1062, Civil
Code
- Art. 99, 126, 101, 134, 145, 154, 159,
Family Code
- Heirs of Ernesto Morales v. Agustin,
G.R. No. 224849, 6 June 2018
- De Pedro v. Romasan Development
Corporation, G.R. No. 194751, 26
November 2014
c. Phases/ Stages
- Agarrado v. Librando-Agarrado, G.R
No. 212413, 6 June 2018
- Ignacio v. Reyes, G.R. No. 213192, 12
July 2017
- Quilatan v. Heirs of Quilatan, [Link]. No.
183059, 28 August 2009
- Heirs of Panfilo F. Abalos v. Bucal, G.R.
No. 156224, 19 February 2008
- Maglucot-Aw v. Maglucot, G.R. No.
132518, 28 March 2000
- De Mesa v. Court of Appeals, G.R. No.
109387, 25 April 1994
- Dadizon v. Bernades, G.R. No. 172367,
5 June 2009

Module 21

11. Forcible Entry and Unlawful Detainer

39
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(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Domagas v. Jenses, G.R. No. 158407, 17
January 2005
a. Jurisdiction, BP 129 as amended by RA
11576
- Hilado v. Chavez, G.R. No. 134742, 22
September 2004
b. OCA Circular No. 69-2022, Rules on
Expedited Procedures in First Level
Courts for Summary Procedure
c. Nature and Definition; Distinguish
i. Forcible Entry
- Espiritu v. Court of Appeals, G.R. No.
125473, 29 June 1999
- Sarona v. Villegas, G.R. No. L-22984,
27 March 1968
ii. Unlawful Detainer
- Espiritu v. Court of Appeals, G.R. No.
125473, 29 June 1999
- Spouses Muñoz v. Court of Appeals,
G.R. No. 102693, 23 September 1992
- Villegas v. Court of Appeals, G.R. No.
76880, 20 December 1988
- Article 1670, Civil Code
- Spouses Velasco v. Laigo, G.R. No.
199215 (Notice), 16 January 2019
- Javelosa v. Court of Appeals, G.R. No.
124292, 10 December 1996
d. Provisional Determination of
Ownership
- Echanes v. Spouses Hailar, G.R. No.
203880, 10 August 2016
- Alviar v. Pampolina, 84 Phil. 45 (1949);
Javelosa v. Court of Appeals, G.R. No.
124292, 10 December 1996
- Feliciano v. Court of Appeals, G.R. No.
123293, 3 May 1998; Cayabyab v. De
Aquino, G.R. No. 159974, 5 September
2007
- Spouses Apostol v. Court of Appeals,
G.R. No. 125375, 17 June 2004; Soriente
v. Estate of Concepcion, G.R. No. 160239,
25 November 2009
e. Prior resort to Barangay Conciliation
Proceedings
f. Pleadings allowed and prohibited
- Judicial Affidavit Rule
- Keppel Bank Philippines, Inc. v. Adao,
G.R. No. 158227, 19 October 2005
g. Preliminary Conference

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resources)
conditions for
learning)
h. Preliminary Injunction and Preliminary
Mandatory Injunction
- Art. 539, 1674, Civil Code
- Ramos v. Court of Appeals, G.R. No.
81354, 26 July 1988
i. Judgment
- Rural Bank of Malalag v. Maniwang,
A.M. No. MTJ-93-799, 18 May 1994
- Province of Camarines Sur v. Bodega
Glassware, G.R. No. 194199, 22 March
2017
- D.O. Plaza Management Corporation v.
Co-Owners Heirs of Andrei Atega, G.R.
No. 158526, 16 December 2004
- Dumo v. Espinas, G.R. No. 141962, 25
January 2006
- Felisilda v. Villanueva, G.R. No. L-
60372, 29 October 1985
- CGR Corporation v. Treyes, G.R. No.
170916, 27 April 2007
j. Immediate Execution of Judgment; stay
of execution
- Sec. 10 (c), Rule 39
- Office of the Court Administrator v.
Corpuz, A.M. No. P-00-1418, 24
September 2003
- Air Transportation Office v. Court of
Appeals, G.R. No. 172426, 17 October
2008
- Tolentino v. Roces, G.R. No. 210864,
18 June 2018
- Aznar Brotheras Realty Company v.
Court of Appeals, G.R. No. 128102, 7
March 2000

12. Contempt
a. Jurisdiction, BP 129 as amended by RA
11576
b. Nature and Definition
- Webb v. Gatdula, G.R. No. 1o94469
(Resolution), 18 September 2019
- Remman Enterprises, Inc. v. Court of
Appeals, G.R. No. 107671, 26 February
1997
- People v. Godoy, G.R. Nos. 115908-09,
29 March 1995
- Santiago v. Anunciacion, G.R. No.
89318, 3 April 1990
b. Direct Contempt

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semester) create the
resources)
conditions for
learning)
- Leonidas v. Supnet, A.M. No. MTJ-02-
1433, 21 February 2003
- Delgra v. Gonzales, G.R. No. L-24981,
30 January 1970
- Tabao v. Gacott, G.R. No. 170720, 30
November 2006
- Austria v. Masaquel, G.R. No. L-22356,
31 August 1967
- Galangi v. Abad, A.M. No. 699-CFI, 28
February 1980
- Bugaring v. Español, G.R. No. 133090,
19 January 2001
- Oclarit v. Paderanga, G.R. No. 139519,
24 January 2001
- Dantes v. Caguioa, A.M. No. RTJ-05-
1919, 27 June 2005
- Cruz v. Gingoyon, G.R. No. 170404, 28
September 2011
c. Indirect Contempt
- Leonidas v. Supnet, A.M. No. MTJ-02-
1433, 21 February 2003
- Leodinas v. Supnet, A.M. No. MTJ-02-
1433, 21 February 2003
- In Re Calimlim, G.R. No. 141668, 20
August 2008
- Felizmeña v. Galano, G.R. No. L-63930,
31 July 1984
- Balasbas v. Aquilizan, G.R. No. L-
51414, 31 July 1981
- Racines v. Morallos, A.M. No. MTJ-08-
1698 (Resolution), 3 March 2008
d. Remedies against finding of
Direct/Indirect Contempt
e. Quasi-Judicial Bodies
- Robosa v. National Labor Relations
Commission, G.R. No. 176085, 8
February 2012

Mid Term Examinations

Module 22

Special Proceedings

1. Settlement of Estate
- Art. 390, 838, Civil Code
- Art. 102, 130, Family Code

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the entire bring about, or
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semester) create the
resources)
conditions for
learning)
- Valdez v. Republic, G.R. No. 180863, 8
September 2009
a. Jurisdiction, BP 129 as amended by RA
11576, Venue
- Fule v. Court of Appeals, G.R. Nos. L-
40502 and L-42670, 29 November 1976
- Cuenco v. Court of Appeals, G.R. No. L-
24742, 26 October 1973
- Rodriguez v. De Borja, G.R. No. L-
21993, 21 June 1966
b. Summary Settlement of Estates
- Guevara v. Guevara, 74 Phil. 479 (1943)
- Segura v. Segura, G.R. No. L-29320, 19
September 1988
- Roman Catholic Bishop of Tuguegarao
v. Prudencio, G.R. No. 187942, 7
September 2016
Probate of Will
c. Allowance and Disallowance of Will
- Art. 838, Civil Code
- Manahan v. Manahan, 58 Phil. 448
(1933)
- Maloles II v. Pacita De Los Reyes
Phillips, G.R. Nos. 129505 & 133359, 31
January 2000
- Sumilang v. Ramagosa, G.R. No. L-
23135, 26 December 1967
- Pacioles, Jr. v. Chuatoco-Ching, G.R.
No. 127920, 9 August 2005
- Heirs of Reyes v. Reyes, G.R. No.
139587, 22 November 2000
- Uy Kiao Eng v. Lee, G.R. No. 176831,
15 January 2010
- Heirs of Fran v. Salas, G.R. No. 53546,
June 25, 1992
- Alaban v. Court of Appeals, G.R. No.
15602
- Perez v. Perez, G.R. No. L-12359, [July
15, 1959
d. Reprobate
e. Letters Testamentary and of
Administration
- Saguinsin v. Lindayag, G.R. No. L-
17759, December 17, 196
- Garcia-Quiazon v. Belen, G.R. No.
189121, July 31, 2013
- Teotico v. Del Val Chan, G.R. No. L-
18753, [March 26, 1965

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the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Pilipinas Shell Petroleum Corp. v.
Dumlao, G.R. No. L-44888, February 7,
1992
- San Luis v. San Luis, G.R. Nos. 133743
& 134029, February 6, 2007
f. Special Administrator
- De Borja v. Tan, G.R. No. L-6476,
November 18, 1955
- Heirs of Castillo v. Lacuata-Gabriel,
G.R. No. 162934, November 11, 2005
g. Bonds for Administrators
h. Revocation of Administration, Death,
Resignation, Removal of Executors and
Administrators
i. Inventory, Appraisal, Provision for
Support for Family
j. Powers and Duties of Executors and
Administrators
k. Accountability and Compensation of
Executors and Administrators
l. Claims against the estate
- Compare with Rule 39, Sec. 7
- Afan v. De Guzman, G.R. No. L-14713,
April 28, 1960
- Ignacio v. Pampanga Bus Co., G.R. No.
L-18936, May 23, 1967
- Vera v. Fernandez, G.R. No. L-31364,
March 30, 1979
- Stronghold Insurance Co., Inc. v.
Republic-Asahi Glass Corp., G.R. No.
147561, June 22, 2006
- ABS-CBN Broadcasting Corporation v.
Office of the Ombudsman, G.R. No.
133347, April 23, 2010
- People v. Lipata y Ortiza, G.R. No.
200302, April 20, 2016
- Paredes v. Moya, G.R. No. L-38051,
December 26, 1974
m. Actions by and against Executors and
Administrators
n. Payment of Debts of the Estate
o. Sales, Mortgages and Other
Encumbrances of Property of Decedent
p. Distribution and Partition of Estate
q. Escheat
- PD 679 – Unclaimed Balances

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resources)
conditions for
learning)
Module 23

1. Guardianship
a. Jurisdiction, BP 129 as amended by RA
11576, Venue
b. Bonds
c. Selling and Encumbering Property of
Ward
d. General Powers and Duties of
Guardians
e. Termination of Guardianship
f. Rule on Guardianship of Minors – A.M.
No. 03-02-05-SC, 1 April 2003
2. Trustees
3. Absentee

Module 24
1. Habeas Corpus, A.M. No. 03-4-04-SC
on 22 April 2003 governing the Rule on
Custody of Minors and Writ of Habeas
Corpus in Relation to Custody of Minors,
Rule on DNA Evidence (Post Conviction
Remedy)
a. Jurisdiction, BP 129 as amended by RA
11576
- Thornton v. Thornton, G.R. No. 154598,
16 August 2004
b. Nature and Extent
- Tujan-Militante v. Cada-Deapera, G.R.
No. 210636, 28 July 2014
- In the matter of the Petition for Writ of
Amparo and Writ of Habeas Corpus in
favor of Alicia Jasper S. Lucena, G.R. No.
252120, September 15, 2020
c. Requisites, When Writ Not Allowed or
Discharge Authorized
- Jackson v. Macalino, G.R. No. 139255,
24 November 2003
- Ampatuan v. Macaraig, G.R. No.
182497, 29 June 2010
- In Re: Ilagan v. Enrile, G.R. No. 70748,
21 October 1985
- Gumabon v. Director of Bureau of
Prisons, G.R. No. L-30026, 30 January
1971
- Contreras v. Solis, A.M. No. RTJ-94-
1266, 21 August 1996
d. To whom writ directed
e. Execution of writ

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resources)
conditions for
learning)

2. Amparo and Habeas Data - A.M. 07-9-


12-SC, A.M. No. 08-1-16-SC
a. Jurisdiction, BP 129 as amended by RA
11576
b. Nature, Definition, Purpose, Requisites,
Relaxed Rule on Admissibility in Amparo
- Navia v. Pardico, G.R. No. 184467, June
19, 2012
- Razon, Jr. v. Tagitis, G.R. No. 182498,
February 16, 2010
- Spouses Santiago v. Tulfo, G.R. No.
205039, October 21, 2015
- Vivares v. St. Theresa’s College G.R. No.
202666 September 29, 2014
c. Who may file the petition
d. Contents of the petition
e. Payment of docket fees
f. Return, Failure to file return
g. Prohibited Pleadings
h. Interim Reliefs
i. Quantum of Proof
j. Appeal

3. Change of Name
- Republic v. Michelle Soriano, G.R. No.
207074, 17 Jan. 2018
- Alanis III v. Court of Appeals, G.R. No.
216425, November 11, 2020
- Republic v. Court of Appeals, G.R. No.
97906, May 21, 1992
- Alanis v. Court of Appeal, G.R. No.
216425, November 11, 2020
- RA 10172
- Art. 376, Civil Code
a. Jurisdiction, BP 129 as amended by RA
11576, Venue
b. Grounds, Contents of Petition
- Santos v. Republic, G.R. No. 250520,
May 5, 2021
Republic v. Hernandez, G.R. No. 117209,
9 February 1996
- Republic vs. Tañada, L-31563, Nov. 29,
1971
- In Re Petition for Change of Name
and/or Correction/Cancellation of Entry of
Civil Registry of Julian Lin Carulasan
Wang, G.R. No. 159966, 30 March 2005

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semester) create the
resources)
conditions for
learning)
- Republic vs. Cagandahan, G.R. No.
166676, September 12, 2008
- In the matter of the adoption of
Stephanie Nathy Atorga Garcia, G.R. No.
148311, 31 March 2005
c. Publication
- Ng Yao Siong vs. Republic, L-20306,
31 March 1966

4. Correction of Entries
a. Rule 108
i. Coverage
- Republic v. Mercadera, G.R. No.
186027, 08 December 2010
- Republic vs. Jennifer Cagandahan, G.R.
No. 166676, September 12, 2008
- Silverio vs Republic, G.R. No. 174689,
October 22, 2007
- Gerbert R. Corpuz v. Daisylyn Tirol Sto.
Tomas et. Al, G.R. No. 186571, 11 August
2010
- Republic v. Olaybar, G.R. No. 189538,
10 February 2014
- Republic v. Gallo, G.R. No. 207074,
January 17, 2018
- Rivera v. Republic, G.R. No. 238259,
February 17, 2021
- Abel v. Rule, G.R. No. 234457, May 12,
2021
ii. Jurisdiction, BP 129 as amended by RA
11576, Venue
iii. Parties
b. RA 10172
- Republic v. Gallo, G.R. No. 207074,
January 17, 2018
i. Coverage
ii. Jurisdiction, BP 129 as amended by RA
11576
iii. Procedure

5. RA11642, Domestic Administrative


Adoption and Alternative Child Care Act
Implementing Rules and Regulations of
RA 11642
- RA 11222, Simulated Birth Rectification
Act, as amended by RA 11642
- Inter-Country Adoption and
Implementing Rules, as amended by RA
11642

47
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the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Foster Care Act of 2012 RA 10165, as
amended by RA 11642

Module 25 Recitation/
Quiz
Criminal Procedure

GENERAL MATTERS
a. Definition of Remedial Law, Criminal
Procedure; Criminal Law vs. Criminal
Procedure; Due Process in Criminal
Procedure
• Alonte v. Savellano, Jr., G.R. No.
131652, 131728, 9 March 1998
• People v. Dapitan G.R. No. 90625,
23 May 1991
b. Jurisdiction in General
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Exclusive/concurrent jurisdiction
4. Special Jurisdiction
5. Hierarchy of Courts
• De Lima v. Guerrero G.R. No.
229781, 10 October 2017
6. Adherence of Jurisdiction
c. Requisites for exercise of criminal
jurisdiction
1. Jurisdiction over the Subject Matter
• SC, CA, RTC, MTC,
Sandiganbayan, CTA Jurisdiction
2. Jurisdiction Over the Person of the
Accused
i. Voluntary Submission
ii. Custody of Law distinguished from
Jurisdiction over the Person
• People v. Go, G.R. No. 168539, 25
March 2014
• Miranda v. Tuliao, G.R. No.
158763, 31 March 2006
• David v. Agbay, G.R. No. 199113,
18 March 2015
• Alva v. Court of Appeals, G.R. No.
157331, 12 April 2006
3. Territorial Jurisdiction
i. Distinguish Territorial Jurisdiction from

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resources)
conditions for
learning)
ii. Venue in Civil Cases (See Rule 4, Rules
of Court)
• Art. 2, RPC
• A.M. No. 17-11-03-SC, Rule on
Cybercrime Warrants, Sec. 2.1
iii. Change of Venue to Avoid Miscarriage
of Justice
• Cruz v. Court of Appeals G.R. No.
123340, 29 August 2002
• AAA v. BBB G.R. No. 212448, 11
January 2018
d. Jurisdiction – Jurisdiction over the
Subject Matter
• Guevarra v. Almodovar, G.R. No.
75256, 26 January 1989
• B.P. 129, as amended by RA 7691
• Criminal Cases Covered by
Summary Procedure, OCA
Circular No. 69-2022, Rules on
Expedited Procedures in First
Level Courts
• People v. Atienza G.R. No.
188694, 12 January 2014
• P.D. 1606 as amended by Republic
Act 8249; Republic Act 10660 –
Sandiganbayan
o Republic Act No. 3019
o Republic Act. No. 1379
o RPC Book 2 - Chapter 2,
Section 2, Title VII
o Republic Act No. 6713
o 8. Executive Order
Numbers 1, 2, 14, 14-A of
1986
• Lacson v. Executive Secretary
G.R. No. 128096, 20 January 1999
• Crisostomo v. Sandiganbayan G.R.
No. 152398, 14 April 2005
• Sanchez v. Demetriou G.R. No.
111771-77, 9 November 1993
• Adaza v. Sandiganbayan G.R. No.
154886, 28 July 2005
• Cariaga v. People G.R. No.
180010, 30 July 2010
• De Lima v. Guerrero G.R. No.
229781, 10 October 2017

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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Dizon v. People G.R. No. 227577,
24 January 2018
• Antiporda Jr. v. Garchitoren G.R.
No. 133289, 23 December 1999
• People v. Go, G.R. No. 168539, 25
March 2014
• People v. Benipayo, G.R. No.
155573, 24 April 2009
• Soller v. Sandiganbayan, G.R.
Nos. 144261-62, 9 May 2001
• Serana v. Sandiganbayan, G.R. No.
162059, 22 January 2008
• Republic Act 8369 – Family
Courts Act
• People v. Dela Torre-Yadao G.R.
Nos. 162144-54, 13 November
2012
• OCA Circular No. 106-2019
• Republic Act 9282 – Court of Tax
Appeals
• Bureau of Customs v. Devanadera
G.R. No. 193253, 8 September
2015
• RA 9165, as amended by RA
10640 – Comprehensive
Dangerous Drugs
• Omnibus Election Code - (Election
Offenses
• Republic Act No. 10175 -
Cybercrime
• Republic Act No. 8293 – violation
of Intellectual Property
• Samson v. Daway, G.R. Nos.
160054-55, 21 July 2004
• Court Martial
• Gonzales v. Abaya, G.R. No.
164007, 10 August 2006
e. Jurisdiction determined by allegations in
the Complaint or Information
• People v. Ocaya, G.R. No. L-
47448, 17 May 1978
f. When injunction may be issued to
restrain criminal prosecution
• Arkoncel v. Court of First Instance
of Basilan City, G.R. No. L-27204,
August 29, 1975

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open-access
semester) create the
resources)
conditions for
learning)
• Samson v. Guingona, Jr., G.R. No.
123504, December 14, 2000

Module 26

RULE 110 PROSECUTION OF


OFFENSES
a. Criminal actions, how instituted
• Prescriptive Period of Crimes,
Interruption
• Art. 90, RPC
• Sec. 1, Act No. 3326
• People v. Galano, G.R. No. L-
42925, January 31, 1977
• Sanrio Co. Ltd. v. Lim, G.R. No.
168662, February 19, 2008
• Republic v. Cojuangco, G.R. No.
139930, June 26, 2012
• Zaldivia v. Reyes, Jr., G.R. No.
102342, July 3, 1992
• Blameless Ignorance Doctrine,
Sec. 2, Act No. 3326
b. Who may file them, crimes that cannot
be prosecuted de oficio
• Ampatuan v. De Lima G.R. No.
197291, 3 April 2013
• AAA v. BBB G.R. No. 212448, 11
January 2018
• People v. Mariano, G.R. No. L-
47437, 29 September 1983
• Pilapil v. Ibay-Somera, G.R. No.
80116, 30 June 1989
• Cabral v. Bracamonte, G.R. No.
233174, January 23, 2019
c. Control of prosecution
• Crespo v. Mogul G.R. No. L-
53373, 30 June 1987
• Rural Bank of Laguna Inc. v.
Canicon G.R. No. 196015, 27 June
2018
• Alawiya v. Court of Appeals G.R.
No. 164170, 16 April 2009
• Laude v. Ginez-Jabalde G.R. No.
217456, 24 November 2015
• Bumatay v. Bumatay, G.R. No.
191320, April 25, 2017

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open-access
semester) create the
resources)
conditions for
learning)
• Merciales v. Court of Appeals,
G.R. No. 124171, March 18, 2002
d. Sufficiency of complaint or information
• People v. Alba G.R. No. 130523,
29 January 2002
• People v. Dasmarinas y Gonzalez
G.R. No. 203986, 4 October 2017
• Quimvel v. People G.R. No.
214497, 18 April 2017
• People v. Oandasan, Jr., G.R. No.
194605, June 14, 2016
• Evangelista v. People G.R. Nos.
84332-33, 8 May 1996
e. Designation of offense
f. Cause of the accusation
g. Duplicity of the offense; exception
• People v. Jugueta, G.R. No.
202124, 5 April 2016
• Art. 48, RPC; Special Complex
Crime, Compound Crime,
Complex Crime Proper
h. Amendment or substitution of
complaint or information
• Ocampo v. Abando G.R. No.
176830, 11 February 2014
• Fronda-Baggao v. People, G.R. No.
151785, 10 December 2007
• Matalam v. Sandiganbayan, G.R.
No. 165751, 12 April 2005
• Pacoy v. Cajigal, G.R. No. 157472,
28 September 2007
• People v. Tubongbanua, G.R. No.
171271, 31 August 2006
• Soberano v. People, G.R. No.
154629, October 5, 2005
i. Exclusion from Information
• RA 6981 - Witness Protection and
Security Benefit Act
• Quarto v. Marcelo, G.R. No.
169042, 5 October 2011
• Ampatuan v. De Lima G.R. No.
197291, 3 April 2013
j. Venue of criminal actions
• Union Bank of the Philippines v.
People G.R. No. 192565, 28
February 2012
k. Intervention of offended party

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learning)

RULE 111 PROSECUTION OF CIVIL


ACTION
a. Rule on implied institution of civil
action with criminal action
• Art. 100, RPC
• Bernardo v. People, G.R. No.
182210, 5 October 2015
• Maccay v. Spouses Nobela, G.R.
No. 145823, 31 March 2005
b. When civil action may proceed
independently
• Heirs of Simon v. Chan G.R. No.
157547, 23 February 2011
• Ace Haulers Corp. v. Court of
Appeals, G.R. No. 127934, 23
August 2000
• Carandang v. Santiago, 97 Phil 94
(1955)
• Art. 32-34 and 2176, Civil Code
c. Civil Indemnity
• People v. Oandasan, Jr., G.R. No.
194605, June 14, 2016
d. When separate civil action is suspended
• Coscolluela v. Sandiganbayan,
G.R. Nos. 191411 & 191871, July
15, 2013
e. Effect of the death of accused or convict
on civil action
• People v. Bunay y Dam-at G.R.
No. 171268, 14 September 2010
• People v. Layag G.R. No. 214875,
17 October 2016
f. Prejudicial question
• Reyes v. Rossi G.R. No. 159823,
18 February 2013
• Pulido v. People, G.R. No. 220149,
July 27, 2021
• San Miguel Properties, Inc., v.
Perez, G.R. No. 166836, 4
September 2013
• People v. Camenforte, G.R. No.
220916, June 14, 2021

g. Rule on filing fees in civil action


deemed instituted with the criminal action

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each Topic, deployed by the
(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
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resources)
conditions for
learning)
• Manantan v. CA G.R. No. 107125,
29 January 2001

Module 27

RULE 112 PRELIMINARY


INVESTIGATION
a. Nature of right
b. Purposes of preliminary investigation
• Serapio v. Sandiganbayan, G.R.
No. 148648, January 28, 2003
• Estrada v. Ombudsman, G.R. Nos.
212140-41, January 21, 2015
c. Who may conduct determination of
existence of probable cause
• RA 10071, Prosecution Service
Act of 2010
• Sec. 265 of the Omnibus Election
Code as amended by Sec. 43 of RA
9369
• Section 2 of Article IX-C of the
Constitution
• Sec. 11, RA 6770, Ombudsman
Act
• EO No. 1 and 13, Series of 1986
• Arroyo v. Department of Justice,
G.R. Nos. 199082, 199085 and
199118, 18 September
• Basuego v. Office of the
Ombudsman, G.R. No. 196842, 9
October 2013

i. Effect of Preliminary Investigation


without Authority – Rule 117, Sec. 3(d)
• People v. Garfin, G.R. No. 153176,
March 29, 2004
d. Cases Requiring and Not Requiring
Preliminary Investigation
e. Effect of Improper/Absence of
Preliminary Investigation
• Pilapil v. Sandiganbayan, G.R. No.
101978, April 7, 1993
• Estrada v. Ombudsman, G.R. Nos.
212140-41, January 21, 2015
f. Procedure and Resolution of Preliminary
Investigation

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topics is based on a logical order) and online/
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resources)
conditions for
learning)
• Motion for Preliminary
Investigation/Reinvestigation -
Prohibited Motions – Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
• Callo-Claridad v. Esteban, G.R.
No. 191567, 20 March 2013
• Soliven v. Makasiar, G.R. No.
82585, 15 November 1988
• Quisay v. People, G.R. No.
216920, 13 January 2016, 27 June
2018
g. Review/ Remedies against Resolution
• Period to File Motion for
Reconsideration
• DOJ Circular No. 70, 2000 NPS
Rule on Appeal, as amended
• Administrative Order No. 07,
Rules of Procedure of the Office of
the Ombudsman, as Amended by
Administrative Order No. 15
• Gatchalian v. Office of the
Ombudsman, G.R. No. 229288,
August 1, 2018
• De Lima v. Reyes, G.R. No.
209330, 11 January 2016
h. Distinguish: executive and judicial
determination of probable cause
• Motion for Judicial Determination
of Probable Cause - Prohibited
Motions – Revised Guidelines for
Continuous Trial of Criminal
Cases (A.M. No. 15-06-10-SC)
• Okabe v. Gutierrez, G.R. No.
150185, 27 May 2004
• People v. Ernesto Delos Santos
G.R. No. 220685, 29 November
2017
• Estrada v. Ombudsman, G.R. Nos.
212140-41, January 21, 2015

i. When warrant of arrest may issue


• Requisites for issuance of valid
warrant of arrest

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(arrangement or sequence of the major print materials
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resources)
conditions for
learning)
• Marcos v. Cabrera-Faller A.M.
No. RTJ-16-2472 [Formerly OCA
IPI No. 13-4141-RTJ]
• People v. Dela Torre-Yadao, G.R.
No. 162144-54, 13 November
2012
• OCA Circular No. 69-2022, Rules
on Expedited Procedures in First
Level Courts – Criminal Cases
Covered by Summary Procedure
i. Inquest - Rule on Inquest, Article 125 of
the Revised Penal Code
• DOJ Department Circular No. 61,
September 21, 1993 – New Rules
on Inquest
• Preliminary Investigation During
Inquest or After Filing of
Information
• Motion for Preliminary
Investigation/Reinvestigation -
Prohibited Motions – Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
• Revised Guidelines for Continuous
Trial of Criminal Cases, A.M. No.
15-06-10-SC, III (2) (b) (ii) and
(iii))
• RA 11479, Sec. 29 – Anti-
Terrorism Act of 2020;
Implementing Rules of RA 11479,
Rule 9
• Larranaga v. Court of Appeals,
G.R. No. 130644, 13 March 1998
• Leviste v. Alameda, G.R. No.
182677, 3 August 2010
• Integrated Bar of the Philippines
Pangasinan Legal Aid v.
Department of Justice, G.R. No.
232413, July 25, 2017
j. Rule on Precautionary Hold Departure
Order – A.M. No. 18-07-05-SC
k. A.M. No 21-02-01-SC, Rule on the
Destruction and Disposal of Seized
Dangerous Drugs and Instruments Prior to
the filing of An Information

Module 28

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topics is based on a logical order) and online/
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resources)
conditions for
learning)

RULE 113 ARREST


a. Arrest, how made
• RA 7438, Rights of Persons
Arrested, Custodial Investigation
• Right of attorney/relative to visit
person arrested
• Effects of invalid arrest
• Veridiano v. People, G.R. No.
200370
b. Duty of Arresting Officer, Execution of
Warrant of arrest, Time of Making Arrest
• A.M. No. 21-06-08-SC, Rules on
the Use of Body-Worn Cameras in
the Execution of Warrants
• People v. Givera, G.R. No.
132159, 18 January 2001
c. Arrest without warrant, when lawful
• Remo v. People, G.R. No. 239249,
September 28, 2020
• Go v. Court of Appeals, G.R. No.
101837, 11 February 1992
• Posadas v. Ombudsman, G.R. No.
131492, 29 September 2000
• People v. Cubcubin, Jr., G.R. No.
136267, 10 July 2001
• Pestilos v. Generoso, G.R. No.
182601, 10 November 2014
• In re: Harvey v. Santiago, G.R. No.
82544, 28 June 1988
• Reyes y Capistrano v. People G.R.
No. 229380, 6 June 2018
i. Arrest after escape or rescue
ii. Rule 114, Sec. 23
d. Method of arrest
i. By officer with warrant
ii. By officer without warrant
iii. By private person
• Mallari v. Court of Appeals, G.R.
No. 110569, 9 December 1996
e. Officer to summon assistance while
making an arrest
f. Right to break into building/enclosure

Module 29

RULE 114 BAIL

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(arrangement or sequence of the major print materials
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topics is based on a logical order) and online/
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semester) create the
resources)
conditions for
learning)
• A.M. No. 12-11-2-SC – Guidelines for
De-Congesting Holding Jails by
Enforcing the Rights of Accused
Persons to Bail and to Speedy Trial
• Revised Guidelines for Continuous
Trial of Criminal Cases on Bail, A.M.
No. 15-06-10-SC
a. Nature
• Art. II, Sec. 3, Constitution
• Government of Hongkong Special
Administrative Region v. Olalia,
Jr., G.R. No. 153675, 19 April
2007
• Comendador v. De Villa, G.R. No.
93177, 95020, 96948, 97454, 2
August 1991
• People v. Valdez, G.R. No.
216007-09, 8 December 2015
• Lavides v. Court of Appeals, G.R.
No. 129670, 1 February 2000
• Forms of Bail
b. Conditions of Bail
• Lavides v. Court of Appeals, G.R.
No. 129670, 1 February 2000
c. When a matter of right
d. When a matter of discretion; Bail-
Negating Circumstances
• Leviste v. Court of Appeals, G.R.
No. 189122, 17 March 2010
• People v. Fitzgerald, G.R. No.
149723, 27 October 2006
• Enrile v. Sandiganbayan, G.R. No.
213847, 18 August 2015
• Trillanes IV v. Pimentel, Sr., G.R.
No. 179817, 27 June 2008
• Janet Lim Napoles v.
Sandiganbayan G.R. No. 224162, 7
November 2017
e. Bail, neither a matter of right nor
discretion; Non-bailable
• Padilla v. Court of Appeals, G.R.
No. 121917, July 31, 1996
• People v. Nitcha, G.R. No.
113517, January 19, 1995
f. Where bail is filed

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topics is based on a logical order) and online/
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semester) create the
resources)
conditions for
learning)
• Panganiban v. Cupin-Tesorero,
A.M. No. MTJ-02-1454, 27
August 2002
g. Hearing of application for bail
• Villanueva v. Buaya, A.M. No.
RTJ-08-2131, 22 November 2010
• Burden of Proof in Bail
Application
h. Guidelines in fixing amount of bail
i. Bail when not required/ Reduced Bail or
Recognizance
• Adalim-White v. Bugtas, A.M. No.
RTJ-02-1738, November 17, 2005
j. Increase or reduction of bail
• Santos v. Lorenzo, A.M. No. RTJ-
02-1702, 20 August 2002
j. Forfeiture and cancellation of bail
• Esteban v. Alhamra, G.R. No.
135012, 7 September 2004
k. Corporate Surety
l. Property Bond
• Qualifications of Sureties in
Property Bond
m. Cash Deposit
• Esteban v. Alhambra, G.R. No
135012, September 7, 2004
n. Recognizance
• RA 10389 – Recognizance Act of
2012
o. Bail before finality of Judgment
• PD 968 as amended by RA 10707
– Probation Law
p. Application not a bar to objections in
illegal arrest, lack of or irregular
preliminary investigation
• Leviste v. Alameda, G.R. No.
182677, August 3, 2010

Module 30

RULE 115 - RIGHTS OF THE


ACCUSED
a. Right to be presumed innocent
• People v. Quiñones, G.R. No.
250908, November 23, 2020
b. Right to be informed of nature and
cause of accusation

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topics is based on a logical order) and online/
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resources)
conditions for
learning)
c. Right to counsel/ presence in in every
stage of proceedings
• Custodial Investigation – RA 7438
• People v. Lugnasin, G.R. No.
208404, 24 February 2016
• People v. Baloloy, G.R. No.
140740, 12 April 2002
• People v. Nicandro, G.R. No. L-
59378, 11 February 1986
• Perez v. People, G.R. No. 164763,
12 February 2008
• Ibañez v. People, G.R. No.
190798, 27 January 2016
• Spouses Telan v. Court of Appeals,
G.R. No. 95026, 4 October 1991
• Villaflor v. Summers, 41 Phil. 62
(1920)
• Beltran v. Samson, 53 Phil 570
(1929)
• Herrera v. Alba, G.R. No. 148220,
15 June 2005
d. Right to be silent/ to testify/not to be
compelled to be a witness against himself
• People v. Ayson, G.R. No. 85215,
7 July 1989
e. Right to confront and cross-examine
witnesses
• People v. Monje, G.R. No. 146689,
27 September 2002
f. Right to compulsory process to secure
attendance of witness
g. Right to have speedy trial
• Domondon v. First Division,
Sandiganbayan, G.R. No. 166606,
29 November 2005
• Coscolluela v. Sandiganbayan,
G.R. Nos. 191411 & 191871, July
15, 2013
• Abadia v. Court of Appeals, G.R.
No. 105597, 23 September 1994
• Sec. 9-14, A.M. No. 12-11-2-SC -
– Guidelines for De-Congesting
Holding Jails by Enforcing the
Rights of Accused Persons to Bail
and to Speedy Trial
h. Right to appeal

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resources)
conditions for
learning)
• People v. De los Reyes, G.R. Nos.
130714 & 139634, 139331 &
140845-46, October 16, 2012

Module 31

RULE 116 ARRAIGNMENT AND PLEA


• Arraignment - Revised Guidelines
for Continuous Trial of Criminal
Cases (A.M. No. 15-06-10-SC)
a. How made; right to counsel
• People v. Pangilinan, G.R. No.
171020, 14 March 2007
• When there may be waiver of
reading of information - Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
• Prohibited Motions that will be
denied before arraignment -
Revised Guidelines for Continuous
Trial of Criminal Cases (A.M. No.
15-06-10-SC)
c. Conditional arraignment
• Braza v. Sandiganbayan, G.R. No.
195032, 20 February 2013
• Sec. 2, Rule VIII, 2018 Revised
Internal Rules of the
Sandiganbayan
d. Plea of guilty to a lesser offense/ Plea
Bargaining
• A.M. No. 18-03-16-SC – Adoption
of the Plea Bargaining Framework
in Drugs Cases
• Clarificatory Guidelines on Plea-
Bargaining in Drugs Cases
• Salvador Estipona, Jr. v. Hon.
Frank E. Lobrigo, G.R. No.
226679, 15 August 2017
• Daan v. Sandiganbayan, G.R. Nos.
163972-77, 28 March 2008
e. Plea of guilty to a capital offense
• People v. Francisco, G.R. No.
192818, 17 November 2010
• People v. Documento, G.R. No.
188706, 17 March 2010

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resources)
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learning)
• People v. Pagal, G.R. No. 241257,
September 29, 2020
f. Plea of guilty to a non-capital offense
• Bug-atan v. People, G.R. No.
175195, 15 September 2010
• Revised Guidelines for Continuous
Trial of Criminal Cases (A.M. No.
15-06-10-SC)
g. Withdrawal of improvident plea of
guilty
• People v. Baharan, G.R. No.
188314, 10 January 2011
h. Bill of Particulars
• People v. Desuyo, G.R. No.
140406, 17 April 2002
• Enrile v. People, G.R. No. 213455,
August 11, 2015
i. Production or inspection of material
evidence in possession of prosecution
j. Suspension of arraignment
• Hao v. People, G.R. No. 183345,
17 September 2014

Module 32
RULE 117 MOTION TO QUASH
a. Motion to Quash - Revised Guidelines
for Continuous Trial of Criminal Cases
(A.M. No. 15-06-10-SC)
b. Grounds, Omnibus Motion Rule
• Coscolluela v. Sandiganbayan,
G.R. Nos. 191411 & 191871, July
15, 2013
• People v. Bayabos, G.R. Nos.
171222 & 174786, 18 February
2015
• In Re Salibo v, Warden, G.R. No.
197597, 8 April 2015
• People v. Tira, G.R. No. 139615,
28 May 2004
• Quisay v. People, G.R. No.
216920, 13 January 2016
• Validity of Information –
Presuspension Hearing for Sec. 13,
RA 3019 Cases - Miguel v.
Sandiganbayan, G.R. No. 172035,
4 July 2012

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learning)
c. When facts not stated in Information, by
exception, may be appreciated in motion
to quash
• Antone v. Beronilla, G.R. No.
183824, December 8, 2010
d. Failure to Raise Ground Before Plea –
Not a Waiver
• Shyunliong v. Rivera, G.R. No.
200148, 4 June 2014
• Quisay v. People, G.R. No.
216920, 13 January 2016
e. Distinguish from demurrer to evidence
– Rule 119, Sec. 23
f. Amendment of Information instead of
Quashal
d. Effects of sustaining/denying the
motion to quash
• Cagang v. Sandiganbayan G.R.
No. 206438 & 206458, 31 July
2018
• Acharon v. Purisima, G.R. No. L-
23731, 26 February 1965
e. Exception to the rule that sustaining the
motion is not a bar to another prosecution
f. Double jeopardy
• Requisites
• People v. Nitafan, G.R. Nos.
107964-66, 1 February 1999
• Antone v. Beronilla, G.R. No.
183824, December 8, 2010
• Res Judicata not applicable in
criminal proceedings
• People v. Escobar G.R. No.
214300, 26 July 2017
• Macapagal-Arroyo v. People G.R.
Nos. 220598 & 220953, 18 April
2017
• Villareal v. Alga G.R. No. 166995,
13 January 2014
• Ivler v. Modesto-San Pedro, G.R.
No. 172716, 17 November 2010
• Merciales v. Court of Appeals,
G.R. No. 124171, March 18, 2002
g. Provisional dismissal
• Sec. 9-14, A.M. No. 12-11-2-SC -
Guidelines for De-Congesting
Holding Jails by Enforcing the

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learning)
Rights of Accused Persons to Bail
and to Speedy Trial
• Bonsubre Jr. v. Yerro G.R. No.
205952, 11 February 2015
• People v. Lacson G.R. No. 149453,
7 October 2003
• Co v. New Prosperity Plastic
Products, G.R. No. 183994, June
30, 2014

Module 33
Rule 118 PRE-TRIAL
a. Mediation on Civil Liability - Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-SC)
b. Matters to be considered during pre-trial
c. What the court should do when
prosecution and offended party agree to
the plea offered by the accused
d. Pre-trial agreement
e. Non-appearance during pre-trial
f. Pre-trial order

Module 34
RULE 119 TRIAL
a. Meritorious Motions, Trial, Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-SC)
b. Form of Testimony, Revised Guidelines
for Continuous Trial of Criminal Cases
(A.M. No. 15-06-10-SC)
• Judicial Affidavit Rule, A.M. No.
12-8-8-SC, Sec. 9
• Rules on Expedited Procedures in
First Level Courts, OCA Circular
No. 69-2022, Use of Judicial
Affidavits and Sworn Statements
in Criminal Cases under Summary
Procedure
c. Instances when presence of accused is
required by law
d. Speedy Trial and Periods of delay
excluded in computing;
i. Remedy when accused is not brought to
trial within the prescribed period
• Bonsubre Jr. v. Yerro G.R. No.
205952, 11 February 2015

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topics is based on a logical order) and online/
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resources)
conditions for
learning)
• Magno v. People G.R. No. 230657,
14 March 2018
e. Requisite before trial can be suspended
on account of absence of witness
• Motion for Postponement, Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
f. Order of Trial, Modification of
Order/Reverse Trial
g. Trial in absentia
• Estrada v. People, G.R. No.
162371, 25 August 2005
h. Requisites for discharge of accused to
become a state witness; Compare with RA
6981
• Ampatuan, Jr., v. De Lima, G.R.
No. 197291, 3 April 2013
• People v. Sunga, G.R. No. 126029,
27 March 2003
i. Effects of discharge of accused as state
witness
• People v. Dominguez y Santos
G.R. No. 229420, 19 February
2018
• People v. De Guzman, G.R. No.
118670, 22 February 2000
• Merciales v. Court of Appeals,
G.R. No. 124171, 18 March 2002
j. Examination of Witness for the
Prosecution/ Examination of Defense
Witness
• Go et al v. People G.R. No.
185527, 18 July 2012
• Jaylo v. Sandiganbayan G.R. No.
111502-04, 22 November 2001
• People v. Sergio, G.R. No. 240053,
9 October 2019
k. Mistake made in charging proper
offense
• Pacoy v. Cajigal, G.R. No. 157472,
28 September 2007
l. Demurrer to evidence
• Valencia v. Sandiganbayan, G.R.
No. 165996, 17 October 2005
• People v. Sandiganbayan, G.R. No.
153304-05, 7 February 2012

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conditions for
learning)
• Arroyo v. People, G.R. No. 220598
and 220953, 19 July 2016
• Hun Hyung Park v. Eung Won
Choi, G.R. No. 165496, February
12, 2007
m. Reopening of Case
• Rivac v. People G.R. No. 224673,
22 January 2018
• Hernan v. Sandiganbayan G.R. No.
217874, 5 December 2017
n. A.M. No. 20-12-01-SC Proposed
Guidelines on the Conduct of
Videoconferencing

Module 35

RULE 120 JUDGMENT


a. Requisites of a valid judgment, Parts
and Contents of judgment
• Cobarrubias v. People, G.R. No.
160610, 14 August 2009
• People v. Labao, G.R. No. 102826,
17 March 1993
• People v. CFI of Quezon, Branch
X, G.R. No. L-48817, 29 October
1993
• Dalaruya v. Oliva G.R. No.
210148, 8 December 2014
d. Judgment for Two or More Offenses
e. Judgment in case of Variance Between
Allegation and Proof – Variance Doctrine
• Sevilla v. People, G.R. No.
194390, 13 August 2014
• People v. X X X, G.R. No.
226467, October 17, 2018
f. When Offense includes or is included in
another
• Malabanan v. Sandiganbayan G.R.
No. 186584-86 & 198598, 2
August 2017
g. Promulgation of judgment; instances of
promulgation of judgment / in absentia
• Estrada v. People, G.R. No.
162371, 25 August 2005
• Villena v. People, G.R. No.
184091, 31 January 2011
• Almuete v. People G.R. No.
179611, 12 March 2013

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WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
h. Modification of Judgment/ Finality of
Judgement or Immutability of Final
Judgments and its exceptions
• Probation Law – Republic Act No.
10707
• Dimakuta v. People, G.R. No.
206513, 20 October 2015
• Bigler v. People, G.R. No. 210972,
2 March 2016
• Rule on DNA Evidence, A.M. No.
06-11-05-SC, Sec. 6 and 10
• People v. Sandiganbayan (Fourth
Division), G.R. No. 228281, June
14, 2021
• Escobar v. People G.R. No.
205576, 20 November 2017
j. A.M. No. 20-06-14-SC Guidelines in the
Imposition of Community Service as
Penalty in Lieu of Imprisonment

Module 36

RULE 121 NEW TRIAL OR


RECONSIDERATION
a. Grounds for new trial
• Senit v. People, G.R. No. 192914,
11 January 2016
• Abubakar v. People G.R. No.
202408 & 202409, 27 June 2018
b. Requisites before a new trial may be
granted on ground of newly discovered
evidence
• People v. Bongalon, G.R. No.
125025, 23 January 2002
c. Grounds for reconsideration
d. Effects of granting a new trial or
reconsideration

Module 37

RULES 122-125 APPEALS


A.M. No. 13-07-05-SB - 2018 Revised-
Internal Rules of the Sandiganbayan
a. Effect of an appeal
• People v. Libre G.R. No. 235980,
20 August 2018
b. Period to appeal/ Fresh Period Rule

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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Yu v. Samson-Tatad, G.R. No.
170979, 9 February 2011
c. How appeal taken, where to appeal
i. MTC to RTC, Notice of Appeal
• Chua v. People of the Philippines
G.R. No. 195248, 22 November
2017
ii. RTC (original jurisdiction) to CA,
Notice of Appeal
iii. RTC (original jurisdiction) to
Sandiganbayan, Notice of Appeal
iv. RTC (appellate jurisdiction) to CA, v.
Petition for Review, Rule 42
vi. RTC (appellate jurisdiction) to
Sandiganbayan, Petition for Review
vii. CA to SC, Notice of Appeal
• People v. Mateo, G.R. Nos.
147678-87, 7 July 2004
• People v. Olpindo y Reyes, G.R.
No. 252861, February 15, 2022
• Antone v. People G.R. No.
225146, 20 November 2017
viii. CA to SC, Petition for Review on
Certiorari, Rule 45
• Batistis v. People G.R. No.
181571, 16 December 2019
ix. Sandiganbayan to SC (original
jurisdiction), Notice of Appeal
x. Sandiganyaban (appellate jurisdiction)
to SC Petition for Review on Certiorari,
Rule 45
• Cedeno v. People G.R. No. 193020
& 193040-193042, 8 November
2017
xi. Certification of Cases to the SC
xii. Rule 65, In case of Acquittal
• People v. Sandiganbayan (Fourth
Division), G.R. No. 228281, June
14, 2021
d. Who may appeal
• Personal Collection Direct Selling
Inc v. Carandang G.R. No. 206958,
8 November 2017
• Cu v. Small Business Guarantee
and Finance Corporation G.R. No.
211222, 7 August 2017

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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Philippine Rabbit Bus Lines, Inc.
v. People, G.R. No. 147703, April
14, 2004
• Bumatay v. Bumatay, G.R. No.
191320, April 25, 2017
• Merciales v. Court of Appeals,
G.R. No. 124171, March 18, 2002
• Hun Hyung Park v. Eung Won
Choi, G.R. No. 165496, February
12, 2007
d. Effect of appeal by any of several
accused
• People v. Libre G.R. No. 235980,
20 August 2018
• People v. Diaz y Malinao, G.R.
No. 219174, November 11, 2020
e. Grounds for dismissal of appeal
• Usares v. People G.R. No. 209047,
7 January 2019
f. New Trial in the CA
• People v. Fitzgerald, G.R. No.
149723, October 27, 2006

Module 38

RULE 126 SEARCH AND SEIZURE

a. Nature of search warrant


b. Distinguish from warrant of arrest
c. Application for search warrant, where
filed
• Re: Report on the Preliminary
Results of Spot Audit in the RTC
Branch 170 A.M. No. 16-05-142-
RTC, 5 September 2017
• Laud v. People, G.R. No. 199032,
19 November 2014
d. Requisites for issuing search warrant;
Probable cause for issuance of search
warrant; Personal examination by judge of
the applicant and witnesses
• Dimal and Castillo v. People G.R.
No. 216922, 18 April 2018
• People v. Pastrana & Abad G.R.
No. 196045, 21 February 2018
• Sy Tan v. Sy Tiong Gue, G.R. No.
174570, 15 December 2010

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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
e. Particularity of place to be searched and
things to be seized
• People v. Court of Appeals, G.R.
No. 126379, 26 June 1998
• People v. Estrada, G.R. No.
124461, 25 September 1998
f. Personal property to be seized
• People v. Salanguit, G.R. Nos.
133254-55, 19 April 2001
• Nogales v. People, G.R. No.
191080, 21 November 2011
• Philippine Drug Enforcement
Agency v. Brodett, G.R. No.
196390, 28 September 2011
g. Implementation of Search Warrant
• Knock and Announce Principle
• Dabon v. People G.R. No. 208775,
22 January 2018
• Bulauitan y Mauayan v. People,
G.R. No. 218891, September 19,
2016
• People v. Huang Zhen Hua, G.R.
No. 139301, 29 September 2004
• Quashal of Search Warrant
• WHO v. Aquino, G.R. No. L-
35131, 29 November 1972
• Worldwide Web Corp. v. People,
G.R. No. 161106, 161266, 13
January 2014
• Ogayon v. People, G.R. No.
188794, 2 September 2015
h. Exceptions to search warrant
requirement
i. Search incidental to lawful arrest
• Vaporoso v. People, G.R. No.
238659, June 3, 2019
• Sanchez v. People, G.R. No.
204589, 19 November 2014
ii. Consented search
• People v. Cogaed, G.R. No.
200334, 30 July 2014
iii. Search of moving vehicle
• People v. Comprado y Bronola
G.R. No. 213225, 4 April 2018
• Saluday v. People, G.R. No.
215305, 3 April 2018

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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• People v. Lo Ho Wing, G.R. No.
88017, 21 January 1991
• Caballes v. Court of Appeals, G.R.
No. 136292, 15 January 2002
iv. Check points; body checks in airport
• People v. Manago y Acut, G.R.
No. 212340, August 17, 2016
• Caballes v. Court of Appeals, G.R.
No. 136292, 15 January 2002
v. Plain view situation
• People v. Acosta, G.R. No.
238865, January 28, 2019
vi. Stop and frisk situation
• Comerciante y Gonzales v. People,
G.R. No. 205926, July 22, 2015
• Esquillo v. People, G.R. No.
182010, 25 August 2010
vii. Enforcement of custom laws
i. Chain of Custody in Drug Cases
• People v. Fatallo y Alecarte, G.R.
No. 218805, November 7, 2018
• People v. Ramos y Cabanatan,
G.R. No. 233744, February 28,
2018
j. Remedies from unlawful search and
seizure
k. Cybercrime warrants
i. Scope and applicability
ii. General provisions
iii. Preservation of computer data
iv. Disclosure of computer data
v. Interception of computer data
vi. Search, seizure, and examination of
computer data
vii. Custody of computer data
viii. Destruction of computer data

Module 39
RULE 127 PROVISIONAL REMEDIES
IN CRIMINAL CASES
• Philippine Drug Enforcement
Agency v. Brodett, G.R. No.
196390, September 28, 2011

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Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Syllabus
Module 40 • Textbooks
Supreme Court
Evidence, 2019 Amendments to the Decisions
Revised Rules on Evidence (SCRA)
1. General Provisions
a. Evidence vs. Proof
b. Burden of Proof vs. Burden of Evidence
c. Admissibility of Evidence
- BSB Group, Inc. v. Go, G.R. No. 168644,
February 16, 2010
- De Jesus v. Sanchez-Malit, A.C. No.
6470, July 8, 2014
- People v. Samontañez, G.R. No. 134530,
December 4, 2000
- Navarro v. Court of Appeals, G.R. No.
121087, August 26, 1999
- Reyes y Capistrano v. People, G.R. No.
229380, June 6, 2018
- People v. Delociembre y Andales, G.R.
No. 226485 (Resolution), June 6, 2018
- People v. Ramos y Cabanatan, G.R. No.
233744, February 28, 201
- People v. Yatco, G.R. No. L-9181,
November 28, 1955
- People v. Fatallo y Alecarte, G.R. No.
218805, November 7, 2018
d. Relevant Evidence and Collateral
Matters
e. Multiple Admissibility
f. Conditional Admissibility
g. Curative Admissibility
h. Direct and Circumstantiakl Evidence
i. Positive and Negative Evidence
j. Competent and Credible Evidence

2. What need not be proved


a. Judicial Notice
- Juan v. Juan, G.R. No. 221732, August
23, 2017
- People v. Documento, G.R. No. 188706
(Resolution), March 17, 2010
- Peltan Development, Inc. v. Court of
Appeals, G.R. No. 117029, March 19, 1997
- Borromeo v. Mina, G.R. No. 193747,
June 5, 2013
- Candelaria v. People, G.R. No. 209386,
December 8, 2014

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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Republic v. Science Park of the
Philippines, Inc., G.R. No. 237714,
November 12, 2018
- Trinidad y Bersamin v. People, G.R. No.
239957, February 18, 2019
b. Judicial Admissions

Module 41

Rules of Admissibility

1. Object Evidence
- People v. Rullepa y Guinto, G.R. No.
131516, March 5, 2003
2. Documentary Evidence
- Yap v. Inopiquez, Jr., A.M. No. MTJ-02-
1431, May 9, 2003
a. Original Document Rule
- Bank of the Philippine Islands v.
Mendoza, G.R. No. 198799, March 20, 201
- Bayani Magdayao v. People, G.R. No.
152881, August 17, 2004
- Heirs of Margarita Prodon v. Heirs of
Maximo S. Alvarez and Valentina Clave,
represented by Rev. Maximo Alvarez, Jr.,
G.R. No. 170604, September 02, 2013
- Country Bankers Insurance Corp. v.
Lagman, G.R. No. 165487, [July 13, 2011
- Flores y De Leon v. People, G.R. No.
222861, April 23, 2018
b. Rule on Electronic Evidence
- RCBC Bankard Services Corp. v.
Oracion, Jr., G.R. No. 223274, June 19,
2019
- National Power Corporation v. Codilla,
Jr., G.R. No. 170491, April 3, 2007
- Maliksi v. Commission on Elections,
G.R. No. 203302, March 12, 2013
- MCC Industial Sales Corp. v. Ssangyong
Corp., G.R. No. 170633, October 17, 2007
c. Parol Evidence Rule
- Heirs of Margarita Prodon v. Heirs of
Maximo S. Alvarez and Valentina Clave,
represented by Rev. Maximo Alvarez, Jr.,
G.R. No. 170604, September 02, 2013
- Eagleridge Development Corporation v.
Cameron Granville 3 Asset Management,
Inc., G.R. No. 204700, November 24, 2014

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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Spouses Amoncio v. Benedicto, G.R. No.
171707, July 28, 2008
d. Testimonial Evidence
i. Qualification to be a witness
- Child Witness Rule
- People v. Umali y Amado, G.R. No.
84450, February 4, 1991
- People v. Aleman y Longhas, G.R. No.
181539, [July 24, 2013
- People v. Bustos, G.R. No. 27200,
January 20, 1928
ii. Marital Disqualification Rule
- Alvarez v. Ramirez, G.R. No. 143439, 14
October 2005
- People v. Quidato, Jr., G.R. No. 117401,
October 1, 1998
- People v. Pansensoy, G.R. No. 140634,
[September 12, 2002
ii. Disqualification – Privileged
Communication
- Zulueta v. Court of Appeals, G.R. No.
107383, February 20, 1996
- U.S. v. Antipolo, G.R. No. L-13109,
March 6, 1918
- People v. Carlos, G.R. No. 22948, March
17, 1925
- Hilado v. David, G.R. No. L-961,
September 21, 1949
- Regala v. Sandiganbayan, G.R. Nos.
105938 & 108113, September 20, 1996
- Lim v. Court of Appeals, G.R. No. 91114,
September 25, 1992
- Chan v. Chan, G.R. No. 179786, [July 24,
2013
- Krohn v. Court of Appeals, G.R. No.
108854, June 14, 1994
- Eagleridge Development v. Cameron,
G.R. No. 204700, 4 November 2014
- Air Philippines Corp. v. Pennswell, Inc.,
G.R. No. 172835, December 13, 2007
- Neri v. Senate Committee on
Accountability of Public Officers and
Investigations, G.R. No. 180643, [March
25, 2008
- Philippine National Bank v. Gancayco,
G.R. No. L-18343, [September 30, 1965
- Banco Filipino Savings and Mortgage
Bank v. Purisima, G.R. No. 56429, May 28,
1988

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(Schedule of designed or
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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)

Module 42

1. Admission v. Confession
a. First Part of Res Inter Alios Acta;
Exceptions
- People v. Tena, G.R. No. 100909, 21
October 1992
- Naguiat v. Court of Appeals, G.R. No.
118375, 3 October 2003
- Estrada v. Desierto, G.R. Nos. 146710-15
and 146738, 3 April 2001
- Gardiner v. Magsalin, 73 Phil. 114 (1941)
- People v. Palijon, G.R. No. 123545, 18
October 2000
- People v. Surigawan, G.R. No. 83215, 15
December 1993
- Bordalba v. Court of Appeals, G.R. No.
112443, 25 January 2002
- Gevero v. Intermediate Appellate Court,
G.R. No. 77029, 30 August 1990
b. Admission by Silence
- People v. Ciobal y Pabrua, G.R. No.
86220, 20 April 1990
- Villanueva v. Balaguer, G.R. No. 180197,
23 June 2009
- Uyguangco v. Court of Appeals, G.R. No.
76873, 26 October 1989
- People v. Roa, G.R. Nos. 138195-96, 10
July 2003
- U.S. v. Bay, 27 Phil. 495 (1914)
- People v. Paragsa, G.R. No. L-44060, 20
July 1978
c. Second Part of Res Inter Alios Acta
- People v. Dadles, G.R. Nos. 118620-21, 1
September 1997
- People v. Pineda, G.R. No. 141644, 27
May 2004
- People v. Magpayo, G.R. Nos. 92961-64,
1 September 1993
- People v. Acosta, G.R. No. 126351, 18
February 2000

Module 43
1. Inadmissible Hearsay; Admissible
Hearsay
- Oral, written or non-verbal hearsay
- Exceptions to the Hearsay Rule
a. Independently Relevant Statements

75
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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Lea Mer Industries Inc. v. Malayan
Insurance Co. Inc., G.R. No. 161745,
September 30, 2005
b. Dying Declaration
- People v. De Las Eras y Zafra, G.R. No.
134128, [September 28, 2001
- People v. Peña, G.R. No. 133964,
February 13, 2002
- People v. Peña, G.R. No. 133964,
February 13, 2002
- People v. Norrudin, G.R. No. 129053,
January 25, 200
c. Dead Man’s Statute/ Survivorship
Disqualification Rule, “Statement of a
decedent”, as an exception to the Hearsay
Rule , as amended
d. Declaration against Interest
- People v. Bernal, G.R. No. 113685, [June
19, 1997
- Parel v. Prudencio, G.R. No. 146556,
April 19, 2006
Lazaro v. Agustin, G.R. No. 152364, April
15, 201
e. Act or Declaration About Pedigree
- Tison v. Court of Appeals, G.R. No.
121027, July 31, 1997
- Lazatin v. Campos, Jr., G.R. No. L-
43955-56, July 30, 1979
- Heirs of Fabillar v. Paller, G.R. No.
231459, January 21, 2019
- Mendoza v. Court of Appeals, G.R. No.
86302, September 24, 1991
f. Family Reputation or Tradition
Regarding Pedigree
- People v. Sayat, G.R. Nos. 102773-77,
June 8, 1993
- Jison v. Court of Appeals, G.R. No.
124853, [February 24, 1998
- People v. Llanita y Opiana, G.R. No.
134101, [September 5, 200
- People v. Apostol, G.R. Nos. 123267-68,
[December 9, 1999
g. Common Reputation
h. Res Gestae
i. Startling Occurrence
- People v. Estibal y Calungsag, G.R. No.
208749, [November 26, 2014
- People v. Villarico, Sr., G.R. No. 158362,
April 4, 2011

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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- People v. Peña, G.R. No. 133964,
February 13, 2002
- People v. Labagala y Abigonia, G.R. No.
184603, [August 2, 2010
- People v. Estibal y Calungsag, G.R. No.
208749, [November 26, 2014
- People v. Vargas y Jaguarin, G.R. No.
230356, [September 18, 2019
- People v. Floresta y Selencio, G.R. No.
239032, [June 17, 2019
- People v. Dagsa y Bantas, G.R. No.
219889, [January 29, 2018
ii. Verbal Acts
- Talidano v. Falcon Maritime & Allied
Services, Inc., G.R. No. 172031, [July 14,
2008
i. Records of Regularly Conducted
Business Activities
j. Entries in Official Records
- Standard Insurance Co., Inc. v. Cuaresma,
G.R. No. 200055, September 10, 2014
- Malayan Insurance Co., Inc. v. Alberto,
G.R. No. 194320, [February 1, 2012
- In re Production of Court Records and
Documents and the Attendance of Court
Officials & Employees, Notice, February
14, 2012
- People v. Laba y Samanoding, G.R. No.
199938, January 28, 2013
- Sabili v. Commission on Elections, G.R.
No. 193261, April 24, 2012
k. Commercial Lists and the Like
- PNOC Shipping and Transport Corp. v.
Court of Appeals, G.R. No. 107518,
October 8, 1998
l. Learned Treatises
m. Testimony or Deposition at Former
Proceeding
- Ambray v. Tsourous, G.R. No. 209264,
July 5, 2016
- Ilao-Quianay v. Mapile, G.R. No. 154087,
[October 25, 2005
- Martinez v. Ongsiako, G.R. No. 209057
(Resoltuion), March 15, 2017
- Cariaga v. Court of Appeals, G.R. No.
143561, June 6, 2001
n. Residual Exception

Module 44

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semester) create the
resources)
conditions for
learning)
1. Opinion Rule
a. Expert Witness
- Dela Llana v. Biong, G.R. No. 182356, 4
December 2013
- Orense, Jr. v. Recasas, G.R. No. 199992
(Notice), 19 April 2017
- Cebu Shipyard & Engineering Works,
Inc. v. William Lines, Inc., G.R. No.
132607, 5 May 1999
- Marcos v. Heirs of Navarro, G.R. No.
198240, 3 July 2013
- Heirs of Donton v. Stier, G.R. No.
216491, 23 August 2017
b. Ordinary Witness
- Mariano v. Roxas, A.M. No. CA-02-14-P,
31 July 2002
- Hernandez v. San Juan-Santos, G.R. Nos.
166470 & 169217, 7 August 2009
2. Character Evidence
a. Criminal Cases
- People v. Lee, G.R. No. 139070, May 29,
2002
- Sexual Abuse Shield Rule
- Rape Shield Rule
b. Civil Cases
c. Impeachment of Good Character

Module 45

1. Burden of Proof and Presumptions


a. Disputable and Conclusive Presumptions
2. Presentation of Evidence
a. Examination of Child Witness
b. Rule on Electronic Evidence
c. Rights and Obligations of Witness
d. Judicial Affidavit Rule
- Ng Meng Tam v. China Banking Corp.,
G.R. No. 214054, August 5, 2015
e. Impeachment of Adverse Party’s
Witness
- People v. De Guzman, G.R. No. 122740,
March 30, 1998
- Impeachment by evidence of conviction
of crime
f. Unwilling/Hostile Witness
- Gomez v. Gomez-Samson, G.R. No.
156284, February 6, 2007
- People v. Aranda y Doria, G.R. No.
100985, September 17, 1993

78
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
g. Exclusion and separation of witness
h. When witness may refer to memorandum
- Canque v. Court of Appeals, G.R. No.
96202, April 13, 1999
i. Present recollection revived
- People v. Plasencia y Desamparado, G.R.
No. 90198, November 7, 1995
ii. Past recollection recorded
- Borromeo v. Court of Appeals, G.R. No.
L-31342, L-31740, April 7, 1976
i. When part of transaction/writing/record
given in evidence, remainder admissible
- Chan v. Chan, G.R. No. 179786, July 24,
2013
j. right to inspect writing shown to witness

Module 46

Classes of Documents
1. Public Documents, Authentication,
Legal Significance
- Republic v. Galeno, G.R. No. 215009, 23
January 2017
- Republic v. Spouses Gimenez, G.R. No.
174673
- Arreza v. Toyo, G.R. No. 213198, [July 1,
2019
- Wildvalley Shipping Co. Ltd. v. CA, G.R.
No. 119602, 6 October 2000
- Reyes v. Sotero, G.R. No. 167405,
February 16, 2006
- Abelgas, Jr. v. Comia, G.R. No. 163125,
April 18, 2012
- Siguan v. Lim, G.R. No. 134685,
November 19, 1999
- Dadis v. Spouses De Guzman, G.R. No.
206008, [June 7, 2017
- Philippine Trust Company v. Court of
Appeals, G.R. No. 150318, November 22,
2010
- Alcantara-Daus v. Spouses De Leon, G.R.
No. 149750, June 16, 2003
- Ambray v. Tsourous, G.R. No. 209264,
July 5, 2016
- Spouses Aguinaldo v. Torres Jr., G.R. No.
225808, 11 September 2017
2. Proof of Lack of Record
- People v. Yanson y Rivera, G.R. No.
111951, February 24, 1994

79
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Escobar v. Luna, G.R. No. 169204, March
23, 2007
- Kho v. Republic, G.R. No. 187462, [June
1, 2016
- Sevilla v. Cardenas, G.R. No. 167684,
July 31, 2006
3. Private Documents, Authentication
- Ambray v. Tsourous, G.R. No. 209264,
July 5, 2016
4. Impeachment of Judicial Records
5. Alteration in Documents
6. Seal
7. Documentary evidence in an unofficial
language
8. Offer of Evidence and Objections
thereto, Ruling thereon
- Laborte and Philippine Tourism Authority
v. Pagsanjan Tourism Consumers
Cooperative, G.R. No. 183860, 15 January
2014
- Magsino v. Magsino, G.R. No. 205333,
February 18, 2019
9. Striking out answer
10. Tender of Excluded evidence

Module 47
1. Weight and Sufficiency of Evidence
- People v. Mayingque, G.R. No. 179709,
July 6, 2010
- Atizado v. People, G.R. No. 173822,
October 13, 2010
- People v. Caliso, G.R. No. 183830,
October 19, 2011
- People v. Nuyok, G.R. No. 195424, 15
June 2015
- People v. Baptista y Villa, G.R. No.
225783, August 20, 201

2. Rule on Electronic Evidence


3. Rule on DNA Evidence

FINAL EXAMINATION

80
POLICIES:

1. Attendance will be checked every meeting.


2. Students who missed a quiz will get a grade of 60.
3. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.

Prepared by:

JUDGE GINA BIBAT-PALAMOS

JUDGE WILHELINA JORGE-WAGAN

ATTY. RAMON S. ESGUERRA

VICE DEAN FRANCESCA LOURDES M. SEÑGA

81

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SAN BEDA COLLEGE UNIVERSITY 
COLLEGE OF LAW 
COURSE SYLLABUS 
 
COURSE CODE:   
 
 
REM REV 
COURSE TITLE:  
 
 
REMEDIA
2 
 
 
Requirements (Based on the Learning Outcomes) 
 
Scope of Work 
(Individual) 
Percentage 
(Weight is based 
on the
3 
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(arrangement or sequence of the major 
topics is based on a logical order) 
LEARNING 
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(print a
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topics is based on a logical order) 
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(arrangement or sequence of the major 
topics is based on a logical order) 
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(arrangement or sequence of the major 
topics is based on a logical order) 
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(arrangement or sequence of the major 
topics is based on a logical order) 
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(arrangement or sequence of the major 
topics is based on a logical order) 
LEARNING 
RESOURCES 
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TOPIC/CONTENT 
(arrangement or sequence of the major 
topics is based on a logical order) 
LEARNING 
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(arrangement or sequence of the major 
topics is based on a logical order) 
LEARNING 
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(print

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